On The Limitations Of The System Of Notice And Deletion In China's Network Copyright Protection And Its Overcoming

The rapid development of today's social information technology with its unprecedented power to drive the modern intellectual property protection system to move forward.The tremendous impact of the information technology revolution has made the network one of the most important media to communicate the world,and of course it is also the main reason for the constant innovation and change of the copyright system.How to further regulate the work of the exchange and dissemination of works in the network to protect the rights of the copyright owner,and will not lead to piracy on the Internet wantonly rampant;how can we effectively protect the interests of copyright holders,but also take into account the public information sharing Of the demand,these urgent problems also contributed to the legislators continue to explore new solutions to ideas.The topic discussed in this article is for the network environment,copyright infringement and create a system-to inform the deletion of the contents of the system.In addition to the introduction and the conclusion is divided into four chapters:The first chapter mainly gives a general summary of the system of "notice removal" in our country.First,it discusses the origin and theoretical basis of the system of notice deletion.In the early judicial practice of the United States,there is a disagreement as to whether the network service provider needs to bear the responsibility for the user's direct infringement.In order to clarify the responsibility of the network service provider and avoid the responsibility of excessive liability,the "safe haven" rule is finally maded.The system of notification and deletion is based on the theory of risk control and damage to two factors,and the principle of balance of interests of civil law is the main line,which provides the concrete way of relief for the injured party in the network infringement.Its not only fills the damage of the infringed person,but also take into account the interests of network service providers and network users,maintaining the fair and equitable value of intellectual property law.The second is to elaborate on the "notice to delete" mechanism of the power of the obligations of the specific circumstances,and the development of "safe haven" mechanism behind the public policy.The development of each law is bound to be related to the public policy behind it.The primary objective of this rule is to encourage electronic platform operators to actively expand new areas,improve service quality,and create an efficient network environment without fear of tort liability.The second chapter analyzes the development and operation of the system from the perspective of legislation and justice,and analyzes its problems.First of all,China's many laws and regulations such as "on the computer network copyright disputes involving a number of issues applicable to the interpretation of the law","Information Network Communication Rights Ordinance" and "Tort Liability Law" and so on the notice of the deletion of the content and application of the system Provisions,by contrast,I found that the content is indeed constantly sophisticated and perfect,but often with a concept in the law and the law between the provisions of thedifferent,lack of reason.Second,through the Baidu case and the film "kill the wolf" was infringed the case of the two typical cases in the trial,there have been judges in the use of this system to produce different understanding of the results of the same case caused by the same,This analysis informs the removal system of common problems in the application of judicial practice.The third chapter summarizes the limitations of the notice deletion system.At present,there is a disagreement between the court of our country in determining whether there is a monitoring obligation in the network service provider.Fault is one of the elements of the indirect liability of the network service provider.The relationship between the "notice" and the subjective fault is clear,especially the unqualified "Notice",can constitute a network service provider "should know",legislation is not clear.In the fourth chapter,the author puts forward some suggestions from the legislative level.That the law must be clear,"notice to remove" system is a network service provider a disclaimer mechanism,the network service provider on the Internet against others behavior is not the obligation to monitor and control,but there are other obligations to delete obligations,such as assisting in investigation,reasonable duty of care and so on.At the same time,with regard to the non-compliance notice issued by the right holder,it is necessary to use the legal provisions in the case of non-compliance notice.In addition,in order to better protect the interests of the copyright owner,you can set the user information disclosure procedures to help the copyright owner from the source to lock and track to the real infringer.