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The Infringement Liability Of The Search Engine Service Provider

Posted on:2014-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:R L ZhangFull Text:PDF
GTID:2296330422968726Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The21st century is the era of network, people pay more attention to speed andefficiency, hope to receive the wanted information conveniently, accurately andquickly, at this time, the search engine website emerged. Baidu, Google, Sohu, etc arefonded by the public, they truly send positive energy in the communication ofinformation and culture. At the same time, it impact one the traditional copyrightsystem sharply, make its obliged to change and develope. Above all, how to identifythe infringement liability of the search engine is a difficult and hot problem in the areaof network copyright. Although the Law do have definite rule about the traditionalsearch, to the search link; deep search and snapshot the Law didn’t say much aboutthem clearly. At the same time, the theory and practice for the understanding of theproblems still have some differences need to be solved urgently. This paper aims atfinding out a efficient system of how to identify the infringement liability of thesearch engine service provider, one the base of the current theory and trials.The goalof the system is not only protect the legal rights of the copyright owner and inspiretheir creative enthusiasm; but also make the search engine service conveniently.The paper consists of three sections. The thesis is made up by four chapter:firstly introduce the search engine service simply, and which role did the searchengine service provider play in our Law. The discuss the infringement liability of thesearch engine service provider, by dividing the search engine service into thetraditional search, search link; deep search and snapshot, identify they belong to directinfringement or indirect infringement. In the part three, we will introduce the currentsystem of our nation and some foreign country about how to identify the infringementliability of the search engine service provider. Based on earlier analysis of the threepart, we will put forward how to maintain our infringement system of search engineservice providers. How to correctly understand "the safe harbor principle","red flagprinciple" and "the principle of substantial non-infringement uses". Finally we canbalance the rights between the public and the private.
Keywords/Search Tags:search engine, direct infringement, indirect infringement, safeharbor principle, red flag principle
PDF Full Text Request
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