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The Research Of Copyright Infringement Liability Of Search Engine Provider

Posted on:2017-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:C HuFull Text:PDF
GTID:2336330485481792Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Internet plays an important role in all aspects of people's life, which has brought unprecedented convenience to people's life due to wide service range, convenient communication and fast transmission speed. The relationship between copyright and communication technologies is close, therefore the progress of each transmission technology brings new problems of copyright protection, which also indirectly promotes the progress of the intellectual property rights protection.The information increases and the global information communication is informative and convenient due to the rapid development of network and the improvement of information transmission timeliness, but it leads to difficult problems in searching target difficult due to the large amount of information. At this point, the search engine is popular to meet the searching demand of network users. Where is demand, there is market. Search engine service providers not only provide diversification and facilitation services, but also detail the search results, such as:image search, music search and other search managed carefully by service providers. However, everything has two sides. With the rapid development of search engine, it brings convenience to people, but it causes many problems in the protection of copyright. For example, imputation principle is not clear in the search engine in China, therefore it makes the judicial personnel and related personnel difficult to judge "knowing and understanding" and determine responsibility for the injury consequences. The country has increased management system for the search engine and issued relevant laws and regulations for the above problems, but the search engine technology is a kind of new media technology with short cycle, and laws and regulations update speed is difficult to keep pace with the various changes of the search engine service providers. In order to solve above problems, the author points out the definition of the search engine clearly and make the analysis of various search engine service providers. Meanwhile, the applicable imputation principle is investigated for the searching engine service providers and applicable exemption excuses are identified. Finally, from the aspects of the improvement of legislation system and self-discipline consciousness, the improvement parts of the search engine service provider are discussed under the condition of the entire network environment.
Keywords/Search Tags:searching engine service provider, infringement liability, doctrine of liability fixation, exemptions
PDF Full Text Request
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