Search Link Services Caused By The Infringement Of The Right To Network Dissemination Of Information Studies

The Internet is a new information dissemination media. Some authorship issues emerging from it have a great impact on the China's existing institution of copyright law. In this context, the amended laws on copyright were promulgated in October 27,2001, which embody the protection of the new right on the copyright in the context of the whole Internet, the right on the network information dissemination. The Internet service provider offering the linkage is an important actor on the internet. It provides service to find imformation and location. It is convenient for users to find intresting information through search engine. However, this kind of service is likely to infringe other's copyright. In some cases, would this kind of service constitude infringement? Direct infringement or indirect infringement? Which are tort elements? Which are the conditions of exemption from liability? All these questions cause many disputes in law circle.The courts in China try to find out the answers in practice and also have ever given ambivalent judgements.There are five parts in this paper. At first, the author concludes that searehing engine doesn't constitute direct infringemen and is only possible to constitute indirect infringemen. Secondly, introduces principle of liability of internet services offering the linkage. In the third part, the author analyzes the conditions of exemption from liability—the application of" notice-take down procedure". In the forth part, to refine the princeple of bearing the infringement responsibility, the author analyzes some domestic and international cases and the application of "red flag regulation","haven principle" so that the paper will do good to judicial practice in China.Part five concerns the policy under the law. It points out that the development of internet industry in China lags behind those in developed countries. So the public policy about supportting internet industry is a key consideration to those law-makers. If put heavy duties on it, we will prevent the development of internet technology, even do harm to the free expression of those internet users.