The Application Research Of "Notice-deleted" Rule In Copyright Infringement Judgment

Nowadays with the high-speed development of the Internet industry,the speed of information propagation is far beyond people's imagination.The phrases like big data,cloud computing that filled our ears,have promoted the development of economy and culture,however,it also provides a breeding ground for infringements.The frequency of network copyright infringements' happening has sound an alarm for the weak awareness of copyright in China,such as Record Company V.S Baidu and Record Company V.S Yahoo.In these frequently occurred disputes and in the procession of seeking solutions,we focus most of the judgment of copyright infringement,the problems we are facing are how to identify the subject of responsibility and the principle of imputation on the Internet platform,the most difficult part which we also focused more is the complexity and diversity within the judgment of copyright infringement."Notice – deleted" rule arises at this historic moment,as the impunity rule of network service providers,it plays a crucial character in balancing the interests among network service providers,users,and the copyright owners.However,with our lives deepened and broadened by the internet,copyright infringement protection system which is represented by "notice-deleted" rule in the intellectual property fields needs to solve issues such as determination of the infringement,principle of responsibility,notifications standard,etc.Based on examining the production of "notice-deleted" rule,analyzing its legal principle and technological methods in copyright infringement cases,transverse comparing "notice-deleted" rule and judicial practice through different countries,this paper set forth of our country's "notice-deleted" legislation and judicial practice.Start with the subject of responsibility and the determination standards of the legal responsibility which is the core element of copyright infringement cases,along with the E-commerce platform,it put forward some superficial views and suggestions of the practice of "notice-deleted" rule,in order to make a inspiration of building a perfect "notice-deleted" rule system.