On Baidu Library Violations Legal Issuses

Baidu library violations led to the academic community of intense discussion, the focusis concentrated in the Baidu whether the infringement. It was focused because of it is in theera of rapid development of the Internet, as a rapidly growing popularity and the popularity ofso wide, people contact so the depth of technology products,Deal with this problem is not justa commercial and legal problems, the more times the legal test. Therefore, Baidu libraryviolations faced by not only taking into account the development of the industry,technological innovation, copyright protection should also take into account the impact onsocial life. From wider areas in the handling of a longer-term perspective. This paper focuseson the most developed Internet piracy legislation technology neutral position and the Internetindustry in the international law system of philosophy as a reference interpretation of ourlegislation and so to analyze violations of Baidu library.It is included by five parts. The first part of a brief Baidu library events, includingBaidu company constitutes a direct infringement, whether or not to bear indirectresponsibility; second part of the technology-neutral stance and indirect theory of liability inthe USA and France, the system introduced by the analysis under the background that thetechnology-neutral stance and indirect liability theories in high-speed Internet development,and their development process to sort out as an accurate understanding of the basis of thetechnology-neutral position and the basis of indirect liability theory, provide a theoreticalreference for the later interpretation of China’s laws and regulations; third part devoted to the"safe harbor" rules, introduced in the background of the "safe harbor" rules on theinterpretation of The rules as the reason of the "safe harbor" and the applicable conditions;fourth part introduces Overview of China’s legislation on copyright infringement and theterms of reference of copyright infringement on the Internet technology-neutral stance, thetheory of indirect liability specialized interpretation detailed analysis Baidu library eventslegal framework; Part V of the law in China as the major premise violations of Baidu libraryand concluded that Baidu library events does not constitute a direct infringement and does notbear indirect responsibility.