The Research On The “Safe Harbor Rules” Refer To Information Storage Providers

After considering the lack of ability for economic compensation and difficulty of make sure of the real location of online users, the copyright owner tends to sue Internet Service Providers when facing online copyright infringement. Internet Service Providers always use the “Safe Harbor Rules” to defend. To protect Internet Service Providers and develop the Internet market in a neat and healthy way, Article 20 till Article 23 of Regulation on Protection of the Right to Network Dissemination of information rule the “Safe Harbor Rules” of four kinds of Internet Service Providers. However, the Chinese rules are kind of too simple to clarify the requirements to apply the “Safe Harbor Rules”, which leads to the different judgements of the cases with subjectively similar background. The Supreme People's Court declared provisions on Several Issues concerning the Application of Law in Hearing Civil Dispute Cases involving infringement of the Right of Dissemination on information Networks which regulates the requirements to apply the “Safe Harbor Rules” in more details. On the basis of the illustration of the application and the defaults of Chinese “Safe Harbor Rules”, the paper clarifies the problems solved and unsolved by the Supreme Court's Provisions and puts forward some suggestions on how to improve Chinese “Safe Harbor Rules.”Except the Introduction and Conclusion, the paper is composed of four chapters.The first chapter illustrates the legislative process of the “Safe Harbor Rules” in United States and China. The earliest “Safe Harbor Rule” was built in Digital Millennium Copyright Act(“DMCA”) to protect Internet Service Providers and encourage them to flourish Internet industries. Chinese “Safe Harbor Rules” evolved from “DMCA”. As a milestone in the law system of online copyright protection, Regulation on Protection of the Right to Network Dissemination of information regulates the Chinese “Safe Harbor Rules”. The provisions of the People's Supreme court defines the requirements of applying the “Safe Harbor Rules” in more details which plays an important role in guiding courts to apply the proper law.With the analysis of cases and relevant rules in “DMCA”, Chapter two points out the defaults and unclear part of the “Safe Harbor Rule” refer to Information Storage Providers before the Provisions of the People's Supreme Court.Chapter three illustrates the rules of The Supreme People's Court's provisions on Several Issues concerning the Application of Law in Hearing Civil Dispute Cases involving infringement of the Right of Dissemination on information Networks, which defines the requirements to apply the “Safe Harbor Rules” refer to Information Storage Providers.The last chapter focuses on the defaults of the “Safe Harbor Rules” and how to improve it. Even after the Supreme People's Court's provision applies, there is still some difficulties in Chinese “Safe Harbor Rules”. The paper tries to offer some suggestions on how to solve these issues after investigation.