Comparative Study On "Knowledge Standard" Of Safe Harbor Between Chinese And American

For one thing,the rise and the rapid development of the Internet has brought great changes to people's lives.For another thing,it also provides a powerful platform for the spread of pirated works on the Web.The majority of Internet users can share,appreciate,access to copyrighted works effortlessly,but the righter has no alternative.Internet service providers,as a new participant in the Internet environment,are the "gatekeepers" of the Internet.They mainly provide the services of uploading,downloading and sharing works to users.Nowadays,it is a basic trend for internet service providers to take responsibility for users' infringement.Safe harbor systems is a system used to determine whether or not an Internet service provider is responsible for violations committed by a user.The "Knowledge Standard" is a standard to determine whether the Internet service provider can be subject to the Safe Harbor.The United States is the birthplace of the Safe Harbor System,so the "Knowledge Standard" in the Safe Harbor System is relatively perfect.The purpose of this paper is to make a comparative study to the "Knowledge Standard" in the Safe Harbor System between China and the US,and point out the problems in the "Knowledge Standard" in Safe Harbor System of china and put forward corresponding suggestions.This paper is divided into four parts and the main contents are as follows:The first chapter mainly introduces the relevant contours of the "Knowledge Standard" in the Safe Harbor System of china and the US.Firstly,the chapter introduces the concept of network service provider and points out that the internet service providers in this paper only refer to the service provider of information residing on systems or networks at direction of users and the information location tools service provider.Secondly,Secondly,it introduces the basic concept of the "Knowledge Standard" in the Safe Harbor System and the general legal provisions of the "Knowledge Standard" in Chinese and American law.Finally,it introduces the basic concept of the "Knowledge Standard " in the Safe Harbor System and the general legal provisions of the "Knowledge Standard" in Chinese and American law.The second chapter is mainly about the Comparison of Notice & Take Down Rules in "Knowing Standard" of China and America.This chapter firstly introduces the concept of Notice & Take Down Rules and the general legal provisions of Notice & Take Down Rules in China and the United States.Then the paper compares the form and substance of the Notice under the Notice & Take Down Rules and concludes that the views of China and the United States are becoming more consistent under the Notice & Take Down Rules.The third chapter is mainly about the comparison of "Red Flag" Rules in "Knowledge Standard" between China and America.Firstly,it introduces the concept of the "Red Flag" Test and the general legal provisions of the "Red Flag" Test in China and the United States.And then the paper compares the "Specific Knowledge","Red Flag knowledge" and "Duty of Care" of Internet Service Providers under the "Red Flag" Test in the "Knowledge Standard" and draws a conclusion that the application conditions of the "Red Flag" rule are low.The forth chapter is to point out the existing problems of the "Knowledge Standard" and put forward some suggestions to solve these problems mainly by comparing the Notice & Take Down Rule and "Red Flag" Test between China and the US in the second chapter.