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The Research On The "Notice And Remove" System In The "Safe Harbor" Principle Of China

Posted on:2017-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Q ZhouFull Text:PDF
GTID:2296330482487615Subject:Law
Abstract/Summary:PDF Full Text Request
Internet Service Providers are the main industry in the development of the Internet, their growth and interests maintenance should be taken seriously enough, but more attention should be paid to the balance among the oblige, Internet service providers, Internet service objects and the public interests in the environment of network. Legislation of copyright in our country draw lessons from the "Safe Harbor" principle in the United States, and the "Notice and Remove" system is the core of the principle of "Safe Harbor". However, there is an obvious lack of this system, and no corresponding "supporting system" as a protection.The first section gives a basic overview on the background of the "Notice and Remove" system in the "Safe Harbor" principle. Because the "Safe Harbor" principle generated in US, so the first of this section introduces the establishment of the "Notice and Remove" system. Then analyzes the "Notice and Remove" system still cannot solve the problems. Finally points out that the balance of interests between the traditional copyright industries and modern Internet service provider should take seriously.The second section describes the main provisions of our laws and regulations of the "Notice and Remove" system. The first is the requirement of the Supreme People’s Court on Internet Copyright Explanation. The second is the Regulations on the Protection of Information Network Transmission. The third is the Tort Liability Law of the People’s Republic of China. Finally is currently under consideration in the Copyright Law (Draft). Through the longitudinal and transverse comparison of these laws and regulations, we can summarize the characteristics of the "Notice and Remove" system of China.The third section points out that the current problems of the "Notice and Remove" system in copyright of China. Through the analysis of specific cases of judicial judgment, may point out the problems of "Notice and Remove" system includes Internet service provider review obligation are not clear, effective notice to inconsistent standards, inform the processing error is not unified and error notification relief measures are not perfect.The forth section gives suggestion to solve four aspects, which are Internet service provider’s examination obligation, the duration of the standard of effective notice, notification processing and error notification of relief measures. The balance of interests in Internet service providers, rights holders and service objects, there will be a certain way of laws regulations and judicial practice in the future.
Keywords/Search Tags:Internet Copyright, "Safe Harbor" Principle, "Notice and Remove" system
PDF Full Text Request
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