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Analysis On Copyright Infrigement Liability Of The Search Engine Service Provider

Posted on:2011-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z C ChenFull Text:PDF
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The search engine has created many conveniences for people. As relevant legislations lag behind network technology however, there arises increased number of disputes surrounding the question whether hyperlinks violate copyright and related rights. The purpose of this paper is to assess the legal issues in following four aspects:Chapter 1 introduces the technology principle of search engine and the legal subject status of search engine service providers, this section describes the search engine how to achieve on technology, what kind of services be provided, and the legal subject status of search engine service providers.Chapter 2 explores the question that how to determine the liability for tort of search engine service providers, the module introduces the imputation theory of copyright infringement, direct infringement and indirect infringement theory.Chapter 3 probes the Copyright responsibilities Restrictions of the search engine service providers, mainly expatiates how to correctly apply the " safe harbor principle", "red flag principle" and "the principle of substantial non-infringement uses" when we notarize whether the service provider responsible for copyright infringement.Chapter 4 puts forward the mechanism to resolve the search engine service provider's responsibility of copyright, from four aspects: the technical measures, the statutory compensation, the content identification technology, innovative business models to balance the interests between the search engine service providers and the copyright oblige.
Keywords/Search Tags:search engine service providers, copyright infringement, the rule of liability, indirect infringement, limitation of liability
PDF Full Text Request
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