"safe Haven" Principle Analysis

Infringement of Network copyright attracts people’s great attention with internet age’s coming. The trend of Network infringement is not copy-paste simply, but second infringement of internet service provider involved covertly. ISPs always use safe haven principle to defense while involve in infringement case. In this paper, it analyzes origin and development of safe haven principle, performs case study on safe haven principle and provides suggestions. It is not only help protect interests of right holder, but also provide a basis on judiciary dealing related infringement case effectively and restrict internet service provider’s behaviors to study safe haven principle, with reaching a balance of interests of all parties and forming healthy internet environment.There are four chapters in this paper besides introduction.Chapter 1 describes the origin and development of safe haven principle. It analyzes safe haven principle from several classic cases of intellectual property protection in USA, such as Playboy v. Frena case, Religious Technology Center v. Netcom case and summarizes legislative experience in Germany, European Union, Japan and Singapore.Chapter 2 analyzes Internet service provider’s infringement liability including its definition, classification and legislative analysis of infringement liability. Then it draws a conclusion that internet service provider always take second infringement liability including contributory infringement, Induced infringement and alternative tort, which are further introduced.Chapter 3 introduces general legislative regulations of safe haven principle in China and mainly analyzes three laws. They are Supreme People’s Court Interpretation on Several Issues Concerning the Laws Applicable to the Trial of Copyright. Suggestions on safe haven principle improvement are provided also in this chapter.Disputes Involving Computer Networks, Information Network Transmission Right Protection Ordinance and Tort Liability Act.Chapter 4 analyzes legislative practice of safe haven principle in China and gives solution on the difficulty of its implementation. Court case study,especially "Baidu Library event", is performed according to four types of internet service provider listed in Information Network Transmission Right Protection Ordinance to make deeper explanation of application of safe haven principle in China.At last, it summarizes difficulties of safe haven principle’s carrying out in China and performs analysis on three controversial factors, "know", "notice" and "immediately delete" to clarify that safe haven principle is the defense.