Research On The Copyright Infringement Liability Of The Search Engine Service Providers

With the rapid development of the information network technology, search engine service provider as a network service provider, whose role in the disse mination of information in people’s lives reflected in the network has become i ncreasingly important. But in recent years, while it has been providing the con venience, it has also caused a large number of copyright infringement disputes. But the lag of the development of the related legal system has made the sear ch engine of this emerging industry face new problems, which often could not form a unified and effective solution. Therefore, on the basis of the legal defi nition for the search engine service provider’s status and the nature of the infri ngement, further exploring the circumstances under which could assume the res ponsibility for copyright infringement issues clearly have some practical signific ance.This article from the perspective of tort analyzes the relationship between the specific services provided by the search engine service provider and the dir ect infringement and indirect infringement. It also combines with the different t argeting to the nature of the legal status, to focus on resolving the principle of attribution of tort liability and fault identification rules of the search engine s ervice providers. Finally, both from the legislative and practical considerations, some relevant legal advice have been provided. In addition to Introduction and Conclusion, the paper is divided into four chapters.Chapter I:The overview of the search engine services and related legal is sues. This chapter first briefly describes the working principle of search engine services; from the search engine service providers in a variety of different ser vices summarized two typical modes of service delivery that are network links and page snapshot. Then with a typical case in recent years it raises some le gal issues related.Chapter II:The legal status and copyright infringement analysis of the sea rch engine service providers. This chapter firstly targets the legal position of th e search engine service providers, from the point of that the search engine ser vice provider provides the content, their legal status can also be the ISP or IC P. Then it analyzes the two network links and page snapshot service delivery problems caused by the infringement. Thereby it identifies that the network lin k does not constitute direct infringement, ICP sense of the page snapshot of th e infringement can learn the general principles of rational use of the United St ates to determine, and ISP sense cached indirect infringement issues.Chapter III:The analysis on the copyright infringement liability of the sea rch engine service providers. This chapter first analyzes the legal basis for the responsibility of the search engine service providers, then clearly analyze that the different legal status should be based on the application of different tort pr inciple of attribution, that the ICP apply the principle of presumption of fault 1 iability, ISP which applies the principle of fault liability seems more reasonable. And it also analyzed the applicability of the Haven rules in the search engine service providers in copyright infringement disputes.Chapter Four:The improvement in the system of copyright infringement o f the search engine service providers. In this chapter, according to the lag of t he legal system of China, on the one hand, it put forward the corresponding 1 egal advice and recommendations from the legislative point of view; On the ot her hand from the reality, in order to balance the interests between the search engine service providers and copyright, we should enhance the cooperation of t hem, which includes improving the duty of care levels of the search engine se rvice providers, and the copyright issued a valid notice promptly, and establishi ng the effective channels of communication between them, and so on.