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Research On Copyright Infringement Of Search News Aggregation Platform

Posted on:2019-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:M PangFull Text:PDF
GTID:2416330545459424Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the advent of the era of the Internet,all walks of life began to rely on the convenience of network further development.In the face of the numerous copyright infringement issues that have been created since the search of the news aggregation platform,it has sparked controversy about the position of the platform,the behavior,the scope of the object,and the liability of the torts.The following main problems are found through the copyright infringement of many platforms: first,the "network service provider" is defined by the platform’s use of laws and regulations,and the method of "notification--disconnecting link" in the principle of safe haven is exempted from liability for infringement.At the same time the use of technology of deep links in the judicial practice legal regulation is not uniform,with fluky psychology constantly using the technology for infringement.Secondly,due to the relatively rough definition of news works and their reasonable use in copyright laws and regulations,the author tries to deny that the infringing works belong to the protection category of copyright law.Third,there is a general rule about copyright infringement and mental rights infringement,and in practice,it is difficult to enforce the amount of damages and mental rights protection,and the cost of the platform torts and the costs of infringement are repeated.This paper provides theoretical support for the authenticity of the problem,the necessity of solving and the improvement of relief measures.In order to maintain the need of justice and legal order,the definition and classification of "network service providers" need to be clear,laying a foundation for the rational use of the safe haven principle,and avoiding the behavior of the platform taking advantage of the lack of laws and regulations.In order to compensate for the losses caused by the platform infringement by the legal economic analysis,it is necessary to realize the protection of copyright and the spiritual rights in the regulation,and realize the punishment of the infringement behavior of the platform.Information dissemination require legal maintenance of its stability and order,while that violation of the search type information aggregation platform undermine the normal dissemination of information,reduce the value that the press works should,so as to protect the media works clearly to obstruct damage caused by the infringement of the platform.
Keywords/Search Tags:Search news aggregation platform, copyright, infringement determination, Tort compensation
PDF Full Text Request
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