Font Size: a A A

Research On Copyright Infringement Of Search Engine Service

Posted on:2017-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:M L LiuFull Text:PDF
GTID:2336330533451398Subject:Law
Abstract/Summary:PDF Full Text Request
In the current background of big data and cloud computing development,the search engine plays a more and more important role in network environment.Search engine can provide many services for us but at same time it also brings the infringement of network copyright phenomenon for its service diversity,for example,recently “Wei Zexi event” which has sprung up across the web and mainstream media was triggered by Baidu provided infringing links.In recent years,more and more companies sued for search engines,all the actions were mainly brought by the network link and snapshot.But there are many disputes when we deal with these infringement of copyright,both in academic and practical departments can not come to an agreement.Under the present situation,studying nature determines of network link and snapshot and infringement of network and snapshot is significant to the realities.I will study the above issues in this paper,the full text is divided into four parts:The first chapter explains the basic concepts of the search engine and the exclusive right of the copyright.This chapter introduces the main two ways of service search engine,and elaborates several different network links and the snapshot,and expounds the exclusive copyright rights and its legislative purpose.The second chapter is the nature determines of network link and snapshot.When we study the nature determines of network links,we divide network links into two:ordinary links and deep links,at the same time we reference the foreign judicial case;When we study the nature determines of snapshot,we should concrete analysis of specific issues.The third chapter is infringement cognizance in the view of infringement of copyright on the network link and snapshot service.In principle,the network links of copyright infringement should in accordance with the theory of indirect infringement cognizance;The network links of copyright infringement according to the view of latest judicial interpretation,by analysis on whether the snapshot has come to a substantial replace so that we can decide the exempt of snapshot.And on this basis we can analysis which way snapshot can be a fair use?The fourth chapter is the problem of thinking.On the micro level,beginning with the analysis of how to use “notice and delete rule” and “Red Flag standard system”.In microscope view,this chapter study the infringement of copyright in view of "behavior recognition" and "technical neutrality".By this,this chapter puts forward the principles and ideas in determining this type of infringement.
Keywords/Search Tags:search engine, network link, snapshot, technology neutrality, copyright
PDF Full Text Request
Related items