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On The Use Of Video Player Copyright Infringement Liability

Posted on:2016-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:B LvFull Text:PDF
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The emergence of online video, bringing Internet users a great convenience, sothat end users can always enjoy your favorite TV programs in any client. So on thenetwork and a number of video sharing site resources to meet this demand of users,but the attendant is not due to these sites without permission of copyright owners toupload for users to download video works appreciation agree triggered copyrightDisputes events frequently. In recent years, the needs of users change, because eachvideo sites are unable to provide all users like film and television work, causing theuser to watch video works have often browse multiple video sites, which allows theuser wants to be able to "stop" Watch the film works very strong desire. In order tomeet the needs of users, the new technology has been developed, namely online videoplayer. This player is different from traditional TV, but also from video website forusers to watch video player on this website. This video player can freely grab videoworks on the network, will be distributed to integrate resources from different videosites to meet users’ up "one-stop" viewing needs. This video player with anaggregation function on the subject since the emergence of Internet users arewelcome, but it works but constantly triggered copyright infringement. For a longtime, these players operators have been claiming that "only technical, do not providethe content," and relying on under the protection of the "safe harbor" principle toavoid legal liability. These we can call the network service provider video playeroperators sharing website operators and video resources that Internet contentproviders different, they did not directly upload video works infringement, all videosare infringing works by the network users to upload and share these network serviceproviders act just coming together video works, or offer "channel" for the film andtelevision work infringement only. Then the network service provider’s behavior islegitimate? How people should treat these video player that network operator serviceprovider? This paper will use the video player tort liability system analysis.This paper first analysis of the use of special video player of copyright infringement. To present a remarkable case our company tort case to introduce the useof video player infringement analysis way, our company how to use the video playerfor tort, and introduced the present three in mobile end using video player tort type,through analysis we can know our company is the role of the network serviceprovider. In theory, the use of video player in violation of copyright infringementliability is composed of illegal behavior, damage fact, causality, tort and the damagefact between tort imputation principle four constitutive elements. If meet the use ofvideo player copyright infringement liability constitution, the network serviceprovider shall assume the tort liability. The network service provider tort behaviordoes not constitute direct infringement, and therefore can not let it take the directinfringement, but its behavior is to meet the conditions of constituting indirectinfringement. For the balance between the copyright owner and the network serviceproviders’ interests, most countries in the world have established a "safe haven" rule,but in order to prevent the rule is the network service provider over use, for someobvious infringement act shall not apply to the "safe haven" rule, this is the "red flag"standard. China on the Internet service provider tort liability system has just beenbuilt, there are many shortcomings. In order to develop new technology safeguardlegitimate health network, in this paper, the network service provider liability systemof tort and suggestion. These recommendations are mainly for the previouslydescribed in the law of our country exists in the tort liability of Internet serviceprovider system problems, put forward some suggestions for improvement, includingperfecting notice delete rule response system, compensation system, and strengthenthe network service provider security responsibility. In order to better balancebetween network service providers and the interests of the copyright ownerrelationship.
Keywords/Search Tags:Internet Service Provider, Direct infringement, Indirect infringement, Safe Harbor, Red Flag Standard
PDF Full Text Request
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