On The Notice-Take Down Rule In Net Infringment

The notice and take down rule refers to when a person carries out infringing act by using network service,the victim may notify the network service provider who takes necessary measures to delete,shield and broken link,if the network service provider fails to take necessary measures after receiving the notice.Joint and several liabilities shall be assumed.The main function of the notice and take down rule as routine specifications in network infringemen is to precisely define the infringement in the virtual network and the responsibility of the actor,and the ultimate aim of the rule is to provide the proper way of protecting rights.The section one of this paper introduces the application of the “notice – take down” rule in real life situations.The application situation includes the implementation of freedom of expression for web users and the impact on the choice of the rights protection,and the cost and risk of network service providers to deal with network infringement are analyzed.The problems found in the application mainly show that the network service providers do not exert themselves to solve the complaints from users,including the inconvenience of complaints channels and the inefficiency of settlement of disputes.It summarizes the problems caused by the implementation of the rules in the judicial departments,including the ambiguity of qualified notice standards,the unclearness of qualified notice processing mode and the uncertainty of unqualified notice processing mode.In the section two,the problems caused by “notice – take down” rule are analyzed.It analyzes the general rules of current legislation,including the lack of the requirement of the infringement notice and the uncertainty of notice processing mode,and describes the risk of the network service provider to deal with the network infringement,including litigation risks,driven by economic interests,the neglect of the liability of infringement network users.In the section three,the legislative concept of improving the “notice-take down” rule is considered.Including the laws and regulations should be as clear as possible,to give full play to the guiding function of the notice rules and to enhance the operability of the notice rules;it analyses the conflict and balance between free speech and right protection dialectically;at the same time,describes that it should pay attention to the balance protection between the interests of multiple stakeholders from the nature of the non-infringement liability of the network service provider and the risk of the responsibility of the network service provider to the accountability of the direct victim.In the section four,there are several suggestions for improving the “notice-take down” rule.First,improve the legislation regulation “notice – take down” rules,the paper makes an assumption from the point of notice of infringement notice and the diversity of processing methods to unqualified notice processing.Second,establish corresponding supporting system.Based on the comprehensive consideration of the interests of the parties and the development of the network society,we should keep a more open field of view in the course of the study of the specific institutional arrangements for the notice rules and keep giving it new life.