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The Liability Of Internet Service Providers Of Search Engine Analysis

Posted on:2011-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
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Search Engine Services as the most popular information search tool has played the more and more important role in our life. As the technology of search Engine developing quickly, the related laws haven't been draw up, a lot of cases between the rightful owner and Search Engine Services provider are brought to the court. How to define Search Engine Services provider's obligation become the issue need to be discussed by scholars. Though the requirement to legislate is urgent, the research of related field which is the legislation's foundation is just started, and the industry of search engine services under indistinct legal provisions or even without any regulations sometimes. For building a complete system of Search Engine Services provider's legal liability, I chose this topic to write my master degree thesis. This thesis is consisted of four chapters:In Chapter l,to define the research purpose, I introduced how Search Engine work, its features and the situation about the industry of Search Engine services. In Chapter 2, for understanding the tort action Search Engine Services provider may involved, I defined several new rights in copyrights and trademark right field, such as Rights of reproduction, Right of Communication of Information on Network and so on. Considering the related theory in the worldwide academic circles, I defined Search Engine Services provider's legal status and the principle of imputation in Chapter 3. I adopt the comparative method to discuss the system of Limitations on Liability in China and the U.S., to bring Safe Harbor Rule's provisions and value orientation to light. In Chapter 4, I tried to find out the legislative defect about Search Engine Services provider's legal liability in China's legal system and give some legislative proposals. Engine Services provider's legal liability should be defined under the balance between rights protection and Communication of Information protection.
Keywords/Search Tags:Search Engine Services provider, Safe Harbor Rule, subjective fault, legal liability system
PDF Full Text Request
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