Study On Safe Harbor Rules Application And Improvement Under Internet Environment

While the rapid development of internet brings more cases on violation of copyright law, safe harbor rules remains the hot topic of academic discussion. Even though China has introduced relevant legislation and judicial interpretation, there still exist difficulties for safe harbor rules to achieve the greatest effectiveness. Through the definition and significance of safe harbor rules, we can understand the value of safe harbor rules on protection of copyright law. Safe harbor rules has became an important rule for many countries. Deep analysis for safe harbor rules of different countries has great significance for the improvement of China safe harbor rules. The third part focuses on the analysis of China relevant legislation and judicial cases. This part explains shortcomings of safe harbor rules, such as subject classification, definition of qualifying notice, legal effect of unqualified notice, criteria of timely take down, and establishment of counter-notice. The fourth part mainly illustrates improvement of China safe harbor rules and balances the interest among copyright owners, internet service providers, and netizens. Improvement of safe harbor rules is conducive to promoting the development of Internet technology.