Legal Analysis Of The Application Of Safe Harbor Rule

With the increasing popularity of computer network, human feel the charm of theage more than before. At the same time, the rapid spread of digital technology hasbrought huge impact to the copyright protection. Although the protection for intellectualproperty is to respect the intellectual work achievement of the holder and promote thedevelopment of the society, the phenomenon of intellectual property protectionexcessive appears, especially in the field of Communication of Information throughNetworks Right. The appearance of safe harbor rule saves so many internet serviceproviders.In the worldwide, the principles and laws about safe harbor rule in European Unionand the USA take leading position. The law of the European Union provides unifiedexecution standards to make the operation much easier. The DMCA of America clearlyestablished the principle of safe harbor. And it writes the safe harbor rule into law thefirst time and provides legal basis to the protection of communication of informationthrough Networks right.Using normative analysis method, make the safe harbor rule into four parts. Makeexplanation from the subject condition, object condition, subject element and objectelement. And make demonstration according to the related cases from theory to practice.Make comparison between domestic and international law to make a comprehensiveanalysis of safe harbor rule.Through the analysis of safe harbor rule, it is easy to find that there are so manyproblems of the operation in the worldwide. So, it is the most important target tobalance the benefit of the network services, copyrighters and the third party behind safeharbor rule. There are so many drawbacks in the law system in China to be improvedand solved. So make reference to the international legislation experience is so importantto China legislation system.