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Analysis Of A Safe Haven Principle

Posted on:2012-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:W JiFull Text:PDF
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The rapid development of Internet technology enriches people's lives; on the other hand the traditional system of copyright protection is being challenged. Responsibility for network service providers not only the interests of copyright owners, but also taking into account the impact of the Internet industry. Safe haven principle which born in the United States has been resolved the relationship between of them. The exemption by providing a range of conditions, exempted from tort liability as long as you can, in the protection of copyright and also to prevent Internet service providers bear a disproportionate burden.This principle was recognized by United States Digital Millennium Copyright Act, and China also introduced the system, and used it in judicial practice widely. Especially in recent years, video sharing site faced a lot of copyright infringement litigation. When court judged according to safe haven principle of"Information Network Transmission Right Protection Ordinance"Section 22, also experienced from shallow to deep, and recognized in different periods were also different standards. However, we must base on the principles of the original legislative intent, combined with the special nature of video sharing site for analysis.In addition, as a network service provider, video sharing site has provided more and more additional services at the same time. Such as video classification. Safe haven principles are also appropriate when there are some ambiguous cases. Judgments of the Court in a series to explore it. Increasingly clear in the video sharing site identified for a safe haven when the principles of tort liability of the standards.This paper discusses the background of safe haven principle of the United Sate, and combined with the legislative intent of DMCA safe harbor principles recognized the purpose. Second, Analysis of legal and jurisprudence clear the meaning of safe haven principle and standards.
Keywords/Search Tags:Safe haven principle, Internet Infringement, Tort Liability
PDF Full Text Request
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