Case Analysis About Safe Harbor Rules

The plaintiff Zhu Jintai prosecuted the defendant Beijing Baidu Netcom scienceand Technology Co., Ltd. of infringement on his copyright. Ultimately, the courtdeemed that the defendant had fulfilled reasonable cautionary obligations that thedefendant’s action could obtain shields of safe harbor rules and didn’t need to assumeliability for the tort. In the network environment, safe harbor rules have become animportant system based on which to determine the liability for torts of networkservice providers. In order to balance the interests of network industrial developmentand copyright owners, China has also introduced this system. Currently, in theimplementation of the juridical system of our country, uncertainties still exist in thedefinition of safe harbor rules, which circle around the examination obligation,identification of full awareness and knowability, and the enforcement of thenotification-deletion rules. In order to fit in with the developmental requirements ofnetwork technique, better define the liability for torts of network service providers,and safeguard balance of interests between industrial development and protection ofrights, our nation can, through making it clear that network service providers do nothave the obligation for prior examination, require network service providers to fulfilltheir general and reasonable duty of care, regulate the operation of notifying anddeleting rules, and properly improve the judging standards of providers’ fault, in orderto perfect the application of safe harbor rules in China and finally realize the balanceof interests for the development of the network industry.