Application Of Notice-takedown Procedure In Tort Liability Of Mobile App Platform

The advent of the Mobile and Internet Era, the request of summary and classify information is higher, the Mobile App Platform, which basis on the "long tail" get rapid development by breaking through the regional limits and reduce the cost of access to information. Compared with traditional open platform, mobile app platform is close to the "information storage space" position, but it’s different in whether to implement new upload behavior and developers has the purpose to have profit, It’s needs to analysis the subject and subjective fault again to decide whether to apply Notice-Takedown Procedure. Sort out the logical order of Notice-Takedown Procedure and definition the legal responsibility accurately. According to the different in commercial operation mode and the technical complexity of mobile applications between mobile app platform and traditional ISP, it makes it is different in the audit standard of notice and responsibility. Besides, Provisions of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Cases involving Civil Disputes over Infringements upon Personal Rights and Interests through Information Networks require mobile app platform in a different way to deal with a personal right in notification form, audit elements and reverse notice.This article is divided into four chapters, the first chapter mainly introduces the background of the rise of mobile app platform; The second chapter mainly point out that the Notice-Takedown Procedure in our country essentially belongs to the liability for tort liability through three main theories, therefore repositioning the logical order of Notice-Takedown Procedure in mobile app platform; Chapter 3 and chapter 4 detailedly describe the application Notice-Takedown Procedure, which from the notice subject, form, content, review, deletion, etc. conclude that mobile platform as a highly centralized platform, should hold higher requirements for audit notice, delete the behavior to be more careful, but for notification requirements involve the personal rights, need to the protection of the right holder.