Font Size: a A A

Analysis Of The Case Of The Information Network Transmission Right Of Letv V.Baidu

Posted on:2018-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:L SongFull Text:PDF
GTID:2346330533960889Subject:Law
Abstract/Summary:PDF Full Text Request
Under the rapid development of the network technology,along with the arrival of large data age,the extensive use of cloud technology and the new development model of “Internet + ”,have done great contribution to the development of the national economy and the fast speed of information exchanging.All of those convenient people's lives in great degree,but also intense the indirect infringement connect to the internet service provider.Especially in recent years,the emergence of various types of cloud services making network invasion more easily and infringement cases occurred more frequently because of its strong concealment.In the era of rapid development of network technology,how to find the balance between the human rights and interests of the network service provider becomes one of the major problems that need to be solved urgently.On the one hand,it is necessary to protect the individual rights and interests of the civilization.On the other hand,The strict rules will restrict the development of network technology and products' innovation.The relationship between them need to be handled properly,especially the duty of network service provider who violets the rules need to be fixed,otherwise it will seriously constrain the “Internet +” economic development.From those cases like Han Han v.Baidu case in 2012,Letv v.Baidu case in 2015 and so many other large cloud-storage providers have been shut down in 2016 reflected that the judicial judgment are not the same or not rely on same rules.That's told us that its necessary to perfect the rules or the judgments of those cases.Therefore,this article takes the example of Letv v.Baidu Company infringement case in 2015 to discusses the infringing liability rules of internet service provider in our country,and then discusses the shortcomings of the indirect tort liability rules of network service providers in China.This paper contain the abstract,the introduction,the conclusion and the main body.The most important part of the paper mainly includes the following three parts:The first part of the main body introduces Letv v.Baidu cases,then analyses the trial thinking of the case and makes the controversial problems into several points.The second part closely around controversial points of the case.Giving the answers about how to affirm the subjective fault of Baidu and weather it should shouldered the responsibility when referring to the Haven Port rules.The third part mainly elaborates the legal thoughts about the indirect infringementbased on the Baidu case and concludes the trial thinking and the related cases of the indirect infringement of the network service providers in recent years,ae well as finds the problems in network service provider Indirect infringement.Based on the actual situation in China,the paper puts forward effective measures to enhance the simultaneous development.Between the protection of network and the human rights.
Keywords/Search Tags:The case of Letv V.Baidu, Indirect Infringement of the internet Service Providers, the "Haven Harbor" Rule, The thinking of the Law
PDF Full Text Request
Related items