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A Study On The Legal Nature Of Robots Agreement

Posted on:2020-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhouFull Text:PDF
GTID:2416330602955973Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since China officially opened the Internet era,after years of development,the Internet has profoundly changed people's way of life and work,and this tremendous change is due to the efficiency of Internet information dissemination and excellent convenience.At present,the Internet has gradually become the most frequently used platform for people to deal with daily affairs,and also makes each of our network users become the ultimate beneficiaries.But with the increasing number of Internet infringement disputes,in order to better regulate network behavior and protect the legitimate rights and interests of users,Robots Protocol(also known as Robots Protocol)came into being.In recent years,disputes involving the Robots Agreement have been emerging,and the most typical cases are the "Robot Agreement" infringement case of Baidu v.360 Company,the case of Field v.Google in the United States,etc.The Adjudication Rules of these cases and the identification of the Robots Agreement have attracted more and more attention of scholars,which also makes it possible for them to identify the Robots Agreement.We note that it is urgent to correctly identify the legal nature of the agreement in practice.The full text is divided into three parts: introduction,body and conclusion,in which the body is divided into four chapters.The first chapter is about the definition and grammatical rules of Robots protocol.This chapter briefly describes the definition,content,characteristics and impact of Robots protocol,and briefly discusses the inevitability and rationality of the historical choice of Robots protocol.At the same time,taking Baidu Company as an example,it briefly describes the grammatical rules of Robots protocol,and finally describes the existing problems and application status of the protocol.The second chapter is about the controversy and analysis of the legal nature of Robots Agreement.This chapter evaluates the relationship between Robots Agreement and declaration of rights,business ethics,industry practices,technical standards,liability for breach of contract and compares the differences between the two sides,so as to provide reference for identifying the legal nature and effectiveness of Robots Agreement.The third chapter is t the qualitative analysis of Robots agreement in copyright infringement cases.This chapter studies four cases,including Field vs Google,Copiepresse SCRL vs Google,Zhejiang Pan-Asia v.Baidu Netcom,and analyses the main points and disputes of Robots agreement in copyright cases,so as to better protect the copyright of websites from infringement and protect the good circle of intellectual property in the Internet industry Environment.The fourth chapter is is about the legal nature of Robots Agreement in the case of unfair competition.This chapter makes a preliminary judgment on the legal nature of Robots Agreement in unfair competition disputes by analyzing Baidu v.Qihu 360,Catching Market Net v.People's Network,Shenzhen Gumi Co.v.Wuhan Yuanguang Co.and other cases,and focuses on the exclusion of specific information and specific search engines by ICP through Robots Agreement.The legal nature of the Robots protocol is analyzed in three cases: when the search engine violates the Robots protocol and when ICP abuses the Robots protocol.
Keywords/Search Tags:Robots agreement, legal nature, legal effect, Unfair competition
PDF Full Text Request
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