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Analysis Of Hanhan And Baidu Library Dispute Case

Posted on:2014-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:T T TongFull Text:PDF
GTID:2256330425961018Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of the internet exerts a huge influence on every aspects of our social life.With the spread of the internet,uploading,downloading file,picture and software becoming more easier.Meanwhile,it makes a challenge for the government to control the information copy and legal communication,especially the Copyright Law. In recent years,the internet infringement emerges endlessly which makes copyright protection on internet becoming a prominent problem.Among these cases,the internet infringement of Baidu Library tended to be one of the internet hot issue,which rose widely attention by the inside and outside of the course.While Baidu Library and the copyright owner each holds an opinion,which is a close race.How to recognize and protect internet intellectual property becomes the focus of the public once again. Basing on the case of the internet infringement of Baidu Library,through analyzing the infringement phenomenon that library document sharing platform of Baidu Library,discussing the responsibilities of the network service provider in the internet infringement case,and exploring the protection of network dissemination of information right in law,will do good to protecting the legal rights of the network service provider and the copyright owner,and promote the development of the internet.The focus of dispute in this case contains two aspects.Firstly,the confirming of the identity of Baidu Library,whether it belongs to ICP or ISP.And it is refer to the nature of the responsibility of Baidu Library which means it is direct infringement or not.Secondly,whether Baidu Library can relief from the principles of "safe harbor" Starting from Regulations on the Protection of the Right of Communication,it will be discussed that whether Baidu Library can use the principles of "safe harbor" or "red flag" standard.Firstly by proceeding from the regulation of ICP and ISP in the law,analyzing the concept of ICP and ISP and the legal responsibility should be undertaken to assure the infringement nature of Baidu Library.Besides,by starting from the principles of "safe harbor",analyzing the application conditions of this principle and if Baidu Library can exempt from resbonsibilities by using this principle.By elaborating these questions, specifying the relevant rights and obligations of internet service provider,in order to apply the principle of "safe habor" correctly,avoid the abuse of the principle,and give a reference for future similar case;At the same time,also hope to be able to enhance the public understanding of network copyright legislation,in order to better promote the protection of internet copyright and the healthy development of the Internet.
Keywords/Search Tags:Network copyright disputes, copyright, safe harbor, red flag standard
PDF Full Text Request
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