The Application Of The Safe Harbor Rules To The Netdisk Service

The development of Internet technology and the progress of science not only change people's life and behavior,but also promote the diversification of information media.Among them,the Netdisk with the characteristics of easy to use,safe and stable,large storage gradually penetrated into our lives,but piracy issues also followed.In 2006,China introduced the Safe Harbor Rules,the main purpose of this principle is to limit the tort liability of network service providers,so that it can protect the normal development of network services.However,in the rapid development of Netdisk,the Safe Harbor Rules has the risk of being abused,many Netdisk service providers failed to understand the Safe Harbor Rules.But this should not be used by Netdisk service providers as an excuse to lighten or shirk their responsibilities.Analysis the characteristics of network infringement of Netdisk Correctly,and to establish a Safe Harbor Rules which is suitable to the situation of our country.This is the key to solve the Netdisk infringement.This article analysis Letv V.Baidu Netdisk case,summed up the focus of controversy over the case,based on the relevant theoretical knowledge of the Safe Harbor Rules,and compared with the similar case in America,Then I propose some suggestion to improve China's Safe Harbor Rules.There are five parts in this paper besides the introduction and the conclusion.The first part introduces the details and focal points of the case.This part introduced the main problems that to be discussed in this paper.This article selected Letv V.Baidu Netdisk case.This case has the high representative.Because both parties are industry giants,and the film involved in this case is known to the public.The second part analysis the particularity of the copyright infringement of the Netdisk.Through summarizing the four characteristics of Netdisk infringement,the paper points out the concrete application and problems in our country.The third part describes the problems in the application of Safe Harbor Rules in Netdisk service: the principle of balancing of interests,subjective fault judgement,Notice and Takedown Rules,as well as the duty of care of the Netdisk service providers.The fourth part is a comparative study of the Safe Harbor Rules in the Netdisk using the extraterritorial law.Safe Harbor Rules originated from the United States,so this thesis chooses American law as the object of the comparative study,through the interpretation of theSafe Harbor Rules and the analysis of related cases,in order to seek the measures and legislative idea of protection for China to draw lessons from American law.The fifth part puts forward some suggestions on how to improve the Safe Harbor Rules in the Netdisk service: Firstly,follow the principle of balance of interests.Secondly,refine the criterion for judging the subjective elements of the Safe Harbor Rules.Thirdly,specification Notice and Takedown rules.Finally,define the duty of care of the Netdisk service providers.