The Research Of Copyright Infringement Liability Of Search Engine Provider

Today is an era in which network information expands rapidly. The most convenient, therapidest and cheapest way to find the information needed is to take full advantage of thesearch tool on the internet. The network users can gain the information needed by inputtingkeywords to search. However, while the search engines bring high efficiency and convenienceto the work, study and life in a quick, simple and exact way, they continuously arise variousinfringement disputes and bring new challenges to judicial judgment.Based on an introduction of the definition and characteristics of search engine providersand analysis of the service type, This paper considers the legislation on the infringementdisputes, investigates them based on case study, discusses and analyzes the liabilityaffirmation and limitation of the search engine providers, and proposes the relative legislativeperfection of the liability of search engine providers, in an effort to offer helpful reference forpromoting a maximum balance between the benefits of the search engineer providers andcopy right owners as time progresses and the appeals of the obligee diversify.Besides the preface and conclusion, the main contain of this paper is composed of fourchapters.Chapter one, copyright infringement theory analysis of search engine service provider.This chapter introduces the definition and characteristics and the service type of search engineproviders and analyzes the direct and indirect infringement disputes.Chapter two, a comparison of the copyright legislation on search engine providers inother main countries and regions and in China. By studying and comparing the currentlegislation in China, USA, European countries and Taiwan, this chapter seeks to acknowledgeand compare systematically the legislation on copyright liability of search engine providers athome and abroad.Chapter three, perfection of the liability affirmation mechanism of search engineproviders’ infringements. This chapter, based on comparing and analyzing the infringementliability affirmation system of search engine providers in China and abroad, points out theshortage of the current infringement liability affirmation mechanism, including defects of notspecifying an independent indirect infringement system, lack of reasonable examination duty and lack of regulation on new technology, and proposes to introduce as soon as possible anindirect infringement affirmation mechanism, stipulate independent indirect infringementaffirmation, adopt “direct providing criteria” for direct infringement affirmation.Chapter four, perfection of the liability limitation mechanism of search engine providers’infringements. This chapter mainly analyzes the problems existing in the current liabilitylimitation mechanism of search engine providers’ infringements, points out that the currentmechanism is too confused in strict on the informed rules and too strict on requirement offormal elements and lack affirmation effect of the “red flag test”, and raise legislativeproposals of straightening out the informed rules and definitude of the legal force ofincomplete notification and replacing the “red flag test”.