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Internet Service Providers Infringement Liability And Tort Defense

Posted on:2013-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z L DiFull Text:PDF
GTID:2246330371488931Subject:Law
Abstract/Summary:PDF Full Text Request
At present, the expansion of copyright in a network environment challenges the traditional concept of copyright and scope and the whole copyright legal system. China to adapt to the new situation of the network development of copyright protection, to develop the "Copyright Law","Computer Software Protection Regulations","Information Network Transmission Right Protection Ordinance and other laws and regulations, the Supreme People’s Court made the computer network copyright cases involvingdisputes of the legal issues of interpretation, but these laws due to the immaturity of China’s legislative practice, the law itself there are still some problems to be solved. In practice, there are still a lot of issues are emerging, the law is still not a good solution, a typical case there is Baidu Library infringement, the case,"Yahoo Music infringement" case,"Seven Records, Inc. v. Baidu infringement case.This paper mainly Baidu Library infringement, the case analyzed, the main focus of the case and controversial point of view of analysis, Baidu library with Internet copyright; Internet search company to provide direct links to infringing content constitutes copyright holder-infringement; Baidu library haven principle is applicable; Baidu library should be held criminally liable. Reach appropriate conclusions from the focus of controversy in the four aspects of cases, through a comparative study. Finally, the judicial recommendations to better specification of network service providers, thus promoting the development of market norms.
Keywords/Search Tags:Online infringement, Haven principle, Rules of Evidence, Standard of compensation
PDF Full Text Request
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