Document Sharing Platform Of Copyright Protection Initially To Search

On the march15ththis year,About many50famous writers groups signed andpublished《degrees book On the Marth15th》,this papers at Baidu“stole our work,stoleour rights,steal our property.”A party is the exclusive right of the writers to maintaintheir copyright；The other side is the Baidu as the big boss in the Chinese searchingindustry.The condemnation at Baidu is received from dangdang.com CEO LiGuoqing’s support,he is not only willing to fund the organization sueing the Baidu butalso through the micro-blog statement that will stop any advertisement to Baidu fromApril1st.Nevertheless,faceing to Baidu’s reticent silence,writers’ denounces still havebeen showing single and small force,because these owners of network copyright arenot only going to shake Baidu but also talthough no shape,much more powerful,morestubborn“the disease in the presence of the copyright’s protection system in thenetwork” that is behind of the Baidu.In short, the Baade Library “pirate” events showed, the traditional copyrightprotection system is so irrational and weakness in the Internet era changing rapidly.Therefore, the author analysis through domestic and international theory and case inthe legislation or judicial,in the same time also combining the copyright dispute in thepresence of the baidu document sharing platformf,then around the providers of networkservice about legal nature and its prior review obligations,related to the duty ofcare,subjective fault,the definition of indirect infringement constitution,“safe harborrule” and the red flag standard,the interests of all parties to the trade-off betweenconstraints and other problems and then the author analysis them in the presentcopyright protection on the basis of current situation,looking at the mutual cooperationfrom the community to construct the copyright protection system called as harmoniousand coexistence,dolly and win—win” in the network,so as to promote the furtherprogress of social civilization and culture development.The first part of the article: mainly from the document sharing platform andscholars in the concept of the debate to a concrete analysis of the identity of thedocument sharing platform properties. In this part of the first is expounds the concrete connotation of library to baidu, then analyzes the academic document sharing platformservice provider for the identity actually be "publisher" or "public channel" debate, onthis basis, the author further document sharing platform of baidu in service providersare classified, the last argument out baidu document sharing platform and not theprovider of online content, in essence is different from the network communicationbehavior directly the network provider, so there is no need to take direct tort liability,thus for later under baidu document sharing platform for the right infringementresponsibility to support the theory.Part two of this article, the author mainly is the infringement of the theoryconnotation, basic types, constitutions and document sharing platform its particularity,combining the analysis to a document sharing platform of the infringing act specialreasons. This step is constructed and induction of the author has used the baidudocument sharing platform demonstrated form the alternative infringement. The paperfirst direct, indirect infringement of infringement, joint tort, help infringement,replacing the infringement of their respective meaning and constituents were analyzed,including special indirect infringement and the direct infringement; Indirectinfringement and joint tort for a detailed comparison, and then in the theoreticalframework, with baidu document sharing platform tort litigation dispute the factmaterial for the lead, use the components of the infringement principle arguments outbaidu document sharing platform constitute the indirect copyright infringement. Finallythe author in baidu has a library of indirect infringement of corollary mainly throughthe "subjective fault","gain" and "notice-delete" program that standard three aspectsfurther demonstrated out baidu document sharing platform in the types of indirectinfringement constitute the alternative infringement.The third part of the article, the author in this section are based on the tort liabilityof when imputation principle as the main line, and analyses the "red flag principle" and"haven principle" the purpose of legislation, the basic connotation and value system,and concluded that baidu library is absolutely conforms to the principle of red flagcriteria to judge which has the effect of the exemption can not enter the "haven", ofcourse, can not use tort liability without prejudice. In this part of the author finally alsostressed the allocation of the burden in should also consider the benefit balance mechanism, the introduction of the properly resolve the network information resourcessharing and document sharing platform of copyright protection in a conflict.The fourth part: from the domestic relevant document sharing platform copyrightprotection status in out analysis, in order to perfect the copyright protection system thatbetter point in the document sharing platform. Through this analysis, form the principle,legal policy from system, technical measures, the moral consciousness, self protection,experience is proposed in this part as perfect suggestions of copyright protectionsystem in the document sharing platform.