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Research On The Copyright Infringement Liability Of WeChat Public Platform

Posted on:2017-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LiFull Text:PDF
GTID:2336330536453418Subject:Law
Abstract/Summary:PDF Full Text Request
We Chat public platform has become an influence on the Internet information publishing domestic platform.Therefore,we should pay enough attention to the status of copyright infringement among academics and judicial practice.In this paper,the author study We Chat public platform,the Internet service providers,whose copyright tort liability,so that we can draw a clear line of demarcation between responsibility and non-responsibility,be aware of the nature of responsibility and the liability defense.The idea of this paper is: Firstly,The author make a general introduction for We Chat public platform,and then summarized the difference between We Chat and the other Internet service providers.Secondly this paper analysis the copyright infringement on the We Chat public platform and divided them into direct infringement and indirect infringement,summarized that We Chat public platform should bear indirect infringement liability generally and should bear direct infringement liability in exceptional cases.Thirdly this paper do some depth analyzes and research on the indirect infringement liability of Internet service provider,summarized and propose the identification ideas of the Internet service provider copyright infringement liability,especially focus on the duty in the fault identification,proposed that the subject of indirect infringement liability can invoke the defense of the direct infringement to defend themselves.Finally,the paper proposed that the analysis and Reflections of copyright infringement liability on We Chat public platform,which based on the special of We Chat public platform,summary judgment idea of infringement liability and the duty in the fault identification.In the first chapter,first of all,this paper confirmed that the legal character of We Chat public platform is the Internet service provider at first,and then analyze the status of copyright infringement on the We Chat public platform to reflect the research value of the paper.Secondly the third Section devoted to introduce the special of We Chat public platform which is closely related to the copyright infringement issues.Finally the chapter summarizes the differences between We Chat and general Internet service provider.The second chapter analyzes the copyright infringement on We Chat public platform and divided them into direct infringement and indirect infringement,and classified the direct infringement and indirect infringement based on those constituent elements.Therefore,this paper draw a conclusion that We Chat public platform should bear indirect infringement liability generally and should bear direct infringement liability in exceptional cases.In addition,this paper listed and analyzed the exceptions.The third chapter did some depth study on the indirect infringement liability of We Chat public platform based on the existing theory and judicial practice,summarized and proposed that the judgment idea of copyright infringement liability of Internet service providers.Meanwhile,this paper made some comprehensive research and demonstration on the duty of care,and proposed that We Chat public platform should have three different lever duty of care according to different condition.The fourth chapter do some depth analysis and reflection on the infringement liability of We Chat public platform under the specific situation,such as "original statement function","built-in search function","the obligations under the rules of notification-delete".In addition,this chapter proposed that the subject of indirect infringement liability can invoke the defense of the direct infringement to defend themselves.
Keywords/Search Tags:WeChat public platform, infringement liability, fault identification, duty of care
PDF Full Text Request
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