| Bidding ranking is a kind of business model under the internet industry,it involves two main body,one side is the customer,one side is the network service provider,and the key word is leading.Customers to the network service provider to buy their required keywords,network users in search of relevant keywords,the customer site will be reflected in the link to the user’s web search interface,the higher the customer pay,the link in the search interface in the position of the more forward,this is the auction ranking mode.In this kind of business model has produced many tort problems,initially involves the intellectual property infringement.In recent years has begun to appear to the general network user civil rights infringement.In the cognizance of tort liability,the customer of bidding rank is usually regarded as the direct infringed,whose tort liability is very clear.However,the tort liability of the bidding ranking service providers is controversial in the judicial and legislation.So this paper firstly combs the relevant judicial practice and legislative provisions in order to sum up the common problems of the tort liability of the network service providers in the bidding rankings.Secondly,through the discussion of the provisions of tort liability law,the imputation principle and constitutive elements of internet service provider tort,in order to identify the tort liability of network service providers in bidding rankings.Finally,by analyzing the forms and ways of tort liability,the author further clarified how the network service providers should assume their responsibilities in bidding rankings.The bidding ranking mode relies on the internet search engine technology,and it also plays an important role in the promotion of the goods or services of the customers,and if the tort liability of the network service providers is effectively regulated,it is not only conducive to the healthy and orderly development of the Internet industry,but also to the free competition of our market. |
PDF Full Text Request