Network Search Service Provider Liability In Tort

In recent years, the legal issues induced by fast-grown internet search engines have drawn extraordinary public concern, major search engines are all inevitably involved in internet infringement cases. The lagged legislation is then highlighted by those violent conflicts, The Internet industry started late but grows fast in China, the netizen population of China is now the largest in the world. It is our duty as law practitioners to consider what kind of law is needed to enssure the future of Internet industry.The first part of this paper had a review of the development of search engine and the current situation of it in brief, following by presenting the definition of "search engine" in Chinese and American law, and herefrom introduces the principle of "safe harbor" and the origin&orientation of it, more over, an overview of the core clauses of "safe harbor".which is,the "notice and takedown procedure" and the "notice of defend procedure".The second part of this paper is driven by "safe harbor", an analysis on the juridical practice of "safe harbor" is made, mainly on the paradox of eligibility of employing "safe harbor" and the uncertainty caused by it, which may have "safe harbor" been overrided.The third part of this paper focuses on the legislation of "safe harbor" both domestic and abroad, presents the legislation of "safe harbor" of China in particular and compares with that of America, reflects what is borrowed or adopted from America law, and discusses the shortfalls.The forth part of this paper is limitted to the two most common search application of text and image search, associated with several cases, discusses whether the copyright of a website is infringed if it's content is indexed by search engine.In the fifth part, we come to the most acutely disputed music search, associated with several cases in real as well, it primarily analyses whether "link" provider should be deemed as "contributory infringement" or "joint infringement", and thus suggests the evolvement of our legislators'and law officers'idea of dealing with such issues, discloses the misunderstood of them on the "safe harbor" principle and related laws.In the end, with a summary, the essence of the disputes caused by search engine is pointed out, which is, the eligibility of "safe harbor", and presents the problems needs to be settled as well as the significance of "safe harbor" to the future of internet industry, and finally, legislative suggestions are proposed.