Research Infringement "Baidu Library"

In this paper, through the " Baidu Library" infringement analysis, some of theproblems that exist in the case were discussed. Focus " Baidu Library " case that "Baidu Library" in the whole incident if there is fault in the subjective. Around theentire case, the main point of contention is the " Baidu Library" related works onwhether users upload "know", pay attention to whether the obligation to make areasonable, if the " know " and did not do a reasonable duty of care should bear tortliability problems. Furthermore, is raised about the "safe harbor rules " of intensedebate, everyone from different perspectives, some scholars even behind the " BaiduLibrary " behavior in line with the "safe harbor rules" call shall not be liable; Somescholars believe that " Baidu Library" in abuse "safe harbor rules ",I start from the case, the first issue in the case are summarized and issues raisedby the case, namely," Baidu Library" whether there is a subjective fault?"BaiduLibrary" whether to make a reasonable duty of care?" Baidu Library" subjective faultand whether to make a reasonable duty of care to identify the problem, given theauthor’s point of view. Aspects from Baidu ’s own ability to control and predictablelevel of awareness of writers and works," Baidu Library" business model analysisand other reasonable duty of care. I believe that there is no fault on the subjective "Baidu library."" Baidu Library" safe haven rules apply? Combined with writers and"Baidu Library" behavior analysis, I believe," Baidu Library" NA "safe harborrules." Through the "Baidu Library" behavior analysis, I believe Baidu libraryconstitute contributory infringement and abetting infringement. Furthermore, is therehas been insufficient to protect our copyright and compensation, tort costs are lowerthan the high cost of rights is an ongoing problem, I believe that punitive damagesshould be introduced. Case from the beginning to the end of the case, I paid attention to the whole storyof the case; the overall cases have a certain understanding. From our networkenvironment, combining theoretical research at home and abroad to our current law isbased on the use of empirical analysis, comparative analysis, inductive deductivemethod, the method of historical analysis of the entire case to analyze the problems,gives the author’s view on the dispute, elaborate on the problems.