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The Law Of "Safe Haven" Is Applicable

Posted on:2018-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ZhouFull Text:PDF
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With the continuous improvement of social economy,the Internet industry has been an unprecedented development,the network has become the most important channel for the dissemination of information,copyright protection also extends to this emerging field.Although the Internet has become an important means of foreign exchange,in the information dissemination and resource utilization has shown great superiority,but the resulting network copyright infringement disputes also occur frequently.How to better protect the interests of copyright holders,to adapt to the development needs of network technology,not contrary to open and shared "Internet spirit",but also clearly defined by the network service providers should bear the tort liability,so that information sharing and network copyright Protection between the interests of the balance,as the current legislators to develop network copyright laws and regulations related to the new challenges.In recent years,due to the rapid development of high-tech network,China's courts around the influx of a large number of copyright infringement disputes related to the network,in this case,the provision of network services The responsibility of the responsibility and how to determine the legal status of the network has become the focus of copyright infringement disputes,one of the most typical network infringement disputes is the infringement of copyright in the information network communication rights.This paper discusses the application of the law of "safe haven" to solve the problem of tort liability in the current network service provider,and perfect the relevant legislation of network copyright in our country.Since the 20 th century,90 years,with the rapid development of the Internet,network copyright infringement disputes into the field of justice.As early as 1998,the United States introduced the "Millennium Digital Copyright Act"(hereinafter referred to as DMCA)on the "safe haven" rules are provided.Which provides that the network service providers in accordance with certain conditions,there is no need to bear tort liability,which also for the judge to consider the network copyright infringement cases to provide a legal basis for the litigation in the network service providers to defend the important reason."Millennium Digital Copyright Law" from the network service provider commitment to tort liability from the point of view,both for the Internet industry to create a good space for development,but also greatly protect the interests of copyright owners.China's legislation on the "safe haven" rules,most of them are also borrowed from the United States DMCA legislative model,at present,promulgated a series of network copyright infringement on the laws and regulations and judicial interpretation to confirm the network service provider in what Circumstances bear tort liability,with what conditions can be exempted.Although the laws of our country have stipulated the rules of "safe haven",the relevant copyright legislation is not perfect,and there are still many problems in the process of applying the law,which needs to be further solved.This article mainly through the following five parts of the "safe haven" rules of the law to apply:In the first part,the author introduces and analyzes the case,introduces the "safe haven" rule and summarizes the revelation brought by the case,points out the stipulation of the rule in the relevant copyright legislation of our country,and how it is in the judicial practice Is applied.The second part introduces the meaning of the "safe haven" rule,and elaborates the origin of the rule,mainly because the network service provider assumes the form of tort liability,and analyzes the "red flag standard" as the "safe haven" rule Exception,how to apply in judicial practice,and the value of the "safe haven" rule.The third part mainly analyzes the current situation of the "safe haven" rule from domestic and abroad,introduces the specific provisions of the American Digital Copyright Law of the Millennium,and introduces the relevant network copyright legislation promulgated in China to find out the law In the presence of the problem.The fourth part mainly elaborates the applicable conditions of the "safe haven" rule,including the subjective condition and the objective condition,through the discussion about the provisions of the Regulations on the Protection of the Right of Information Network Transmission Rights,and points out that in order to accurately determine whether the network service provider should bear Tort liability,the provisions of the article should be involved in the interpretation of the concept of uncertainty,and make detailed provisions.The fifth part,mainly for the existing problems,put forward the "safe haven" rules of the perfect proposal,and through the improvement of the relevant legislation of the network copyright,to better solve the "safe haven" rules in the application of judicial practice in China encountered problems.
Keywords/Search Tags:"Safe haven" rule, Network service provider, Copyright protection, Tort Liability
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