Research On Infringing Act Of Search Link Service Work

With the rapid development of network communication technology and digital technology, the wayof information dissemination have a huge change. The speed of its spread is amazing, the range is wide.the impact is large, which is far ahead than the media and TV media, human life has entered the Internetera, information not only promotes the unlimited spread of the fruits of human cultural exchanges andsharing, but also brings the problems of communication in the network copyright, network copyrightinfringement becomes the main problem in the era."The development of modern informationtechnology is the modern copyright system’s transformation and the engine of driving force", thecopyright from the development progress and science and technology are closely linked, each of theprogress of science and technology will drive the copyright system changes and modifications, thecopyright system is also in the process of reform and constantly improves their own theory.The appearance of communication technology information of network, once again challenges thecopyright protection system, especially the search link technology. on the one hand is convenient forusers to search and locate information resources, so that people can search needed resources quickly andaccurately which saves time and effort. It also brings threat to the copyright under the networkenvironment. It reduces the cost of copyright infringement, expands the infringement of copyright,copyright protection is not conducive to human rights. under the impact of new technologies, how toeffectively deal with the challenge of Internet technology on copyright protection, how to effectivelybalance the right of copyright owners and the interests of the public, how can promote the developmentof the network industry in the premise of protecting the copyright person, we must carefully think aboutand solve problems.The main contents of this paper is divided into four chapters, the first chapter mainly introduces theprinciple and technology of classification of search link service, and a detailed description of the searchlink service does not belong to the communication behavior information network, proof search linkservice does not constitute a violation of the rights of people. The second chapter puts forward theconcept of search link service indirect infringement, expounds the concept and features of indirectinfringement, and at the same time, the western developed countries for reference, indirect infringementtheory construction, expounds the indirect infringement liability principles and elements. The thirdchapter focuses on the cognizance of the search link service providers subjective fault, and discusses the"Notification-remove rules" and "Red Flag Standard" in the determination of applicable value serviceproviders the subjective fault, and the existing problems in the application of the two rules in theprocess of our judicial practice. The fourth chapter in the face of our search construction process existsthe link service right infringement theory problems and shortcomings, and put forward a series of suggestions and measures. The purpose of the paper is to make constructive help to the judicial practiceof our country’s improvement on this issue.