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Network Service Provider Exemption System Research

Posted on:2012-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiuFull Text:PDF
GTID:2206330335488444Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The fundmental reason that public interests in the network is increased is the ambiguity in the law. Only by giving consumers the rights or increase the obligations of Internet service providers, it can't protect internet users .So it is important to clear the liability of the internet service providers. The purpose of this article is to make the responsibility of internet service provider clear, which effectively protect the public interests.Researching through the laws of European and America, we can find three major problems in our law. First, the limitation system of internet service provider is imperfect. Compare with DMCA§512, our law is lack of certain condition before limitating the responsibility of internet service provider. Second, the applicable rules of the limitation system in our law is not clear. Third, there is no theoretically definition to the internet service providers, which make the other on-line service providers are unreasonably excluded from the scope of the exemption system.There are five chapters in this article. The first chapter is the outline of the internet service provider limitation system. This chapter define the internet service provider. The second chapter introduces the law of European and focus on the DMCA§512. The third chapter examines national laws and regulations, focused on the notification system. The fourth chapter examines their judicial status quo. In three typical view showing the two typical cases of the judicial status of Internet service providers and the court finds to be problems in fault assessment. The chapter five recommends to improve the internet service provider limitation system. First, the other on-line service providers should be a part of the system. Second, we must improve the supporting rules. Third, we must apply the rules correctly. Adhere to the first network service providers found eligible, then take the network service provider eligibility criteria identified fault.This article defines the internet service provider and pointed out that internet service providers is the one who provide technical servicess. To clarify the DMCA§512 exemption system in the applicable rules (ie, the method identified fault), clear, should know should be taken to the network service provider eligibility criteria, rather than the reasonable person standard. Also analyzed the resulting judicial practice deviations found fault, that is the fault of the objective platform providers, links service providers with the information store unconditionally exempt from liability without fault.
Keywords/Search Tags:Internet Service Provider/On-line Service Provider, Safe Harbor, DMCA§512, 《Information Network Transmission Right Protection Ordinance》
PDF Full Text Request
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