On Obligation Of Internet Service Provider With Content Filtering Technology:Copyright Infringement Review

The "Digital Millenium Copyright Act" of the United States stipulates the "safe harbor" rule that ISPs can exempt from Infringement obligation under certain conditions,thus laying the foundation for ISPs not to undertake the pre-general review obligation on the legitimacy of copyright content.China's "Regulations on the Protection of the Information Network Communication," borrowing from this same rule only requires the network service provider to bear the obligation of removing the matter afterwards.However,with the diversification of infringement patterns and the influx of infringing acts,the "notification-deletion" rule can no longer meet the rights protection needs of copyright holders.Policy-makers seem to be aware of this issue.Therefore,through some administrative regulations,judicial interpretations and Judicial practice indicates that the ISPs should undertake certain pre-audit obligations of copyright legitimacy.In view of this,the author proposes to pre-review the obligation of network service providers with certain legitimacy of copyright on the basis of the continuing application of the "notification-deletion" rule.From the perspective of the development of content filtering technology,this paper demonstrates the legal possibility that ISPs should undertake a certain pre-trial review obligation by means of comparative analysis,and analyzes the rationality of system adjustment by using economics.This thesis is divided into three parts:The first part introduces the legal regulation mode of the obligation of the internet service provider to review the legality of copyright content.By analyzing the laws and regulations of the United States,European Union and China on the responsibility of Internet service providers in their censorship,it is concluded that national laws do not require ISPs to undertake general censorship obligations,but at the same time,ISPs also undertake certain situations A certain copyright content review obligations set aside the legal space.The second part demonstrates the rationality of making ISPs bear the obligation of reviewing the legality of copyright content.The author first introduces the status quo of content filtering technology and its application in practice.He believes that the development of technology can bring new opportunities for cooperation between ISPs and copyright owners in the fight against copyright infringement.Then,from the perspective of economics,the marginal cost and social welfare analysis of the network service providers to assume some reasonable obligation to review the copyright infringement.Finally,it discusses that the "safehaven" rule can not effectively regulate the copyright infringement under the circumstance of qualitative change of science and technology,that is to say,the rule is facing a huge predicament at present.In summary,the author believes that the legal system should be adjusted with the development of science and technology,so that network service providers to undertake a certain content of copyright legitimacy pre-examination obligations.The third part provides some concrete ideas for the legal system construction.First,the type of network service providers to distinguish and discuss which network service providers are suitable for copyright legitimacy pre-review obligations.Then,by referring to the generation and content of User-Generated Content(UGC)rules,it is pointed out that it is necessary for policymakers to promote network service providers and copyright owners to negotiate and cooperate and to establish network service provider copyright in stages The content of the pre-review obligations of the legal norms.Thirdly,the mode of cooperation between ISPs and copyright owners was discussed and a specific review procedure was established.Finally,some suggestions have been made for the standardization of screening practices by ISPs.