Study On The Affirmation Of Tort Liability In Bidding Ranking

With the rapid development of network technology,Internet search engines have changed people's lives and have become one of the ways for netizens to acquire resources.Based on the resulting PPC service,search engines become the primary method for obtaining high profits.In such a profit model that provides advertisers with a competitive bidding ranking,infringement disputes in bidding ranks are frequently exposed,and Baidu is a typical search engine.However,what is the legal body of the ranking service provider in the bidding ranking?Whether the service provider has faults in the infringement disputes in the bidding rankings,whether they need to bear the liability for infringement,and what kind of tort liability they assume,the problems are getting worse.The overall idea of this paper is:The first is to introduce the nature of bid rankings and the manifestations of service providers' infringement.It analyzes the differences in the ranking between China's theoretical rankings and judicial practice,and puts forward their own views and combines the characteristics of advertisements.The second part analyzes the current practice of the bid ranking service provider's tort liability determination.Mainly through different academic viewpoints and case examples in judicial practice,this paper expounds the existing issues of the tort liability determination of the PPC service providers.There are disagreements on the identification of the service providers in the bid rankings;the obligations of the service providers in the bid rankings are not clear;the determination of whether the service providers are liable for infringement is not uniform.Finally,I propose the author's suggestions on the improvement of the existing problems.First of all,it is necessary to clarify the position of the advertiser of the PPC service provider.Secondly,it stipulates the scope of the bid ranking service provider's inspection obligation,and emphasizes that the limitation of the service provider's inspection obligation should be based on actual bidding interest and cost expenditure.Finally,it elaborates the rationality of the bid ranking service providers liability for indirect infringement.and proposes to apply different liability principles according to the difference of the infringement object.