| With the rapid development of Internet economy and knowledge economy, the traditional copyright protection has extended to Internet field. While greatly speeding up spreading of information like works, the internet gives rise to a lot of copyright disputes. The popularity of Internet technology poses a new challenge for copyright protection, and how to protect the copyright effectively without prejudice to the open and sharing “Internet spirit”, this needs to cope with the relation between effective protection of copyright and promotion of booming Internet economy on both legislation and policy levels. Network service providers are important subject of Internet industry, and significant productivity of current era, the law is required to create good and loose legal environment for the development of Internet industry, but industry development shall not ignore the legitimate interests of copyright owners, and the interests of industry development shall also be shared by right owners and the public; the development and boom of Internet industry shall bring more earnings and benefits for the right owner and the public, to make information exchange smoother.Digital Millennium Copyright Act(DMCA for short) made by America in 1998 provides for the rule of “safe harbor”, which is aimed at providing legal support for specific eligible network service providers not bearing compensation responsibility. Although DMCA is made for the purpose of solving the problem of copyright protection in network environment, it cuts in from responsibility limitation of network service providers instead of, thus creating a loose system space for the sound development of Internet industry. Most countries including China borrow the legislation mode of DMCA for reference, putting the “safe harbor” clause into legislation. In Explanation on Several Questions of Law Application in Computer-Network Related Copyright Disputes Cases,Regulations on the Protection of the Right of Communication Through Information Network,Tort Liability Law and Explanation on Several Questions of Law Application in Hearing of Civil Disputes of Communication Through Information Network Right Violation,China stipulates that network service providers are free from bearing the compensation liability, also known as “safe harbor” rule. This paper mainly researches the “safe harbor” rule in network tort, starting with the generation, basic contents, system function and development trend of “safe harbor” rule,organizes the legal provisions regarding the “safe harbor” rule of China, analyzes the typical cases of application of “safe harbor” rule in China and focuses on clarification of fault identification standards of network service providers under “safe harbor” rule.This paper is divided into four parts except introduction and conclusion:Part I, give outline of formation, basic contents and meaning of “safe harbor” rule as well as describe that network service providers have no responsibility under the condition of meeting “notice and take down” rule.Part II, organize provisions about “safe harbor” rule of China according to the issue sequence of laws, give interpretation about relevant “safe harbor” clause in legal provision, point out that legal provisions are more and more distinct and reasonable, improving the efficiency of settlement of disputes between right owners and network service providers.Part III, research the typical cases of application of “safe harbor” rule in China juridical practice, make division of network service providers, and conduct discussion on search or link services as well as information storage space services with most disputes in order to analyze the standard for identifying the fault of information storage space services, search or link services and other network services providers.Part IV, introduce the application of fault liability in identification of tort liability of network service providers, and analyze how to identify the subjective fault of network service providers under “safe harbor” rule. |
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