Font Size: a A A

Problems And Countermeasures In The Application Of Law About "the Safe Harbor Rule" In China

Posted on:2018-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the rapid development of Internet technology,it gradually plays an important role in every field,so does the network industry.But at the same time,this kind of high-efficiency,fast way of spreading has brought a new challenge to the protection of the copyright:How to protect the rights of the copyright owner in the network without impeding the development of the Internet industry become a key issue."The safe harbor rule" arose at the historic moment in such a special environment."The safe harbor rule" Is the legal disclaimer specified for the network service provider.The so-called "the safe harbor rule" means:As long as network service providers who provide "Information location services "don't know that links to a particular object is the content of the infringement of copyright,and the content of the tort in that link to or after receiving notice of the holders make a quick disconnect links,they will not assume the tort liability."The safe harbor rule"is a kind of intellectual property system which first born in the United States and was introduced into our country later.Due to the different social environment and the different Industry standardization level between two countries,there are differences on the specific provisions and application.Since our country Regulation on the Protection of the Right to Network Dissemination of Information enacted,cases about writers,singers and other right holders has increased.Courts also made different sentences about the application on "The safe harbor rule",and made an unsatisfactory effect on "The safe harbor rule".This article analyses the present situation of our country's "The safe harbor rule"from two aspects of legislation,judicature.And according to the dispute of "The safe harbor rule",put forward the corresponding perfecting suggestion finally.First of all,this article introduces and analyzes the legislative status of "The safe harbor rule"in our country.The Supreme People's Court about Copyright Dispute Cases Involving Computer Network to Explain Some Issues of Applicable Law firstly made the provisions of "The safe harbor rule",it had the milestone significance in the process of copyright protection in our country.Then Regulation on the Protection of the Right to Network Dissemination of Information,the Tort Liability Act and other laws made more detailed provisions about "The safe harbor rule".According to the legal documents,we refined out of three major problems,they are the scope of the applicable objects,the subjective elements and the "notice-delete" program.Secondly,discussing the scope of the applicable objects in "The safe harbor rule".But because of the differences of the service category and properties,the duty of care,imputation principles of cognizance is necessarily exist differences.So,clearly defining the different main body,determine its responsibility have important significance for the development of the network and the further promote of "The safe harbor rule".Thirdly,"Red Flag" and Duty of care on the internet service providers are the most important factors to clear the network service provider's subjective state.It is also important to clear their concepts and standards.This article makes a detailed introduction and analysis in the third part.Fourthly,as an important part of the "The safe harbor rule",it is important to clear the "Notice-delete".The standard of qualified notices and the effectiveness of unqualified notices are all controversial.This article analyzes these problems.Finally,although "The safe harbor rule" in current use are still controversial and defective,It has a lot of value in the balance the gain and loss of copyright owners,Internet service providers and Internet users.Therefore,based on the analysis of"The safe harbor rule",its applicable conditions and combined with the existing controversies,this article puts forward relevant suggestions.I believe that after continuous testing and improvement,"The safe harbor rule"will play a more important role in the future.
Keywords/Search Tags:the Safe Harbor Rule, Network Service Provider, the Application of Laws, Optimization of Suggestion
PDF Full Text Request
Related items