Study On The International Open Platform Apply To "Harbor Principle"

Currently, Open platform has become the main mode of Internet business development, faced with a large number of copyright disputes in the course of its development. Experienced decades of precipitation theory and judicial practice, the basic theory and the rules of "Harbor Principle" have been relatively mature, and also have enough flexibility in protecting the traditional ISP. Essentially, the open platform still plays the role that providing technical support for the ISP. But unlike traditional ISP, it also has many new features. These features caused many unforeseen problems. While applying to the "Harbor Principle", the Open platform caused a lot of controversy. It shows the deficiency of relevant legislation and the unsound rules of the judicial practice. In this thesis, the author is trying to find some effective rules for Open platform in applying the "Harbor Principle".The article is divided into four parts. Part one, the origin of the "Harbor Principle" and established in China. And do simple exposition on "Harbor Principle" to analyze the nature and footing. Part two, compared with traditional ISP, introduce the new features of the current Internet open platform. Part three, the new features lead to the emergence of a lot of controversy when applicable "safe haven", including the identity of the subject, the new content of "Red Flag standard", the form requirements of "notice", the duty of the Open platform, and the relationship between the profit mode and the responsibility of platform. The fourth part, relying on the foreign legislation and judicial practice, combined with China’s basic national conditions, set forth the rules applicable to the Open platform for China’s Internet "Harbor Principle".