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Safe Harbor Rule Study

Posted on:2015-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:J XieFull Text:PDF
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The Safe Harbor Rule, born in the U.S., is to clarify the responsibility of Internet service providers and to prevent Internet service providers bearing a disproportionate burden. Regulations on Protection of the Right to Network Dissemination of Information,promulgated in2006, also introduced the Safe Harbor Rule. However, our legal system is different from that of the States. The earlier judicial practice on relevant issues is also different. Besides, our Safe Harbor Rule is not completely transplanted from the U.S, resulting in many problems in. applying the rule to the judicial practice. By introduction of the legislative background of Safe Harbor Rule of United States, combined with earlier judicial practice in China, from the perspective of finding copyright infringement of video-sharing website, this article will analyze the validity of the Safe Harbor Rule as well as the specific meaning of the exemption clauses with an expectation to provide helpful experience for our judicial practice.The rapid development of the Internet, making the spread of the work becomes easier and faster, and this change interoperable, while convenient for the majority of Internet copyright protection system under the traditional system brought a huge impact and challenges. The basis for copyright protection in the network works Information Network Transmission Right copyright infringement, the Internet makes more covert, copyright holders are often unable to find the real infringer, even found a direct infringer, people may also be because of the direct infringement economic conditions can not compensate the copyright owner, the copyright owner in this case, from the point of view of protecting their own interests, they will tend to be more solvency network service providers claim as Baidu. In recent years, a growing number of Internet copyright infringement cases will be the network service provider as a defendant, such as "step-up v. Baidu","XI Records, Inc. v. Yahoo case referenced herein Asia Pacific v. Baidu "case. This article by a second trial on the recent Asia Pacific v. Baidu case analysis, the combination of the first trial, the second trial and the verdict of the court, to explore the network service provider issues related to copyright infringement liability.
Keywords/Search Tags:the Safe Harbor Rule, Network service provider, notice-delete rules, tort liability
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