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Indirect Liability On Close Application Platfrom

Posted on:2015-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:R ChiFull Text:PDF
GTID:2296330428961853Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
Indirect copyright liability comes from American case law, including inducement liability, contributory liability and inducement liability established in the case of Grokster by the Supreme Court. This Paper focuses on vicarious liability. Vicarious liability refers to a liability that can be found on a defendant who has a right and liability to control the infringing activity and receives a financial benefit directly attribute to such activity. A close-open application platform usually will review the application submitted by a third party and has a general control over the platform. Whether this kind of control falls into "the right and ability to control" and how to judge it are the questions to be study.The first Chapter focuses on the general knowledge on the close-open application platform and the right and ability to control. The second chapter introduced the vicarious liability on American copyright law. The third chapter focuses on the problem on the liability towards the close-open application platform. The fourth chapter gives advices on the judgment of the right and ability to control of the platform.
Keywords/Search Tags:vicarious liability, control, practice onctrol
PDF Full Text Request
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