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Exploring Internet Service Providers' Notification-delete Rule

Posted on:2021-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:X R WangFull Text:PDF
GTID:2416330602991622Subject:Intellectual property law
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It has been 14 years since the notification-delete rule was formally introduced into China's legal system,aimed to reduce the platfonn responsibilities of technology providers and ensure that the Internet sector flourishes.It can be said that this rule has accomplished its historical mission in the early stage of Internet development.But with the development of technology,new forms of Internet service providers are emerging,original law shows hysteretic nature.In order to adapt to the new network environment and business model,"notify-delete" rules also appear new changes and development.This paper will analyze the process of the gradual improvement of this rule from the perspective of legislation,and analyze the subject of the application of this rule,the problems in the application process and the impact of this rule on the responsibility of the platform from the perspective of judicial practice.This paper is divided into five chapters.The first chapter is the overview of "notification-deletion" rule,which sorts out the process of "notification-deletion" rule legislation in the United States and China's legislation to transplant the rule and gradually improve the relevant legislation.The second chapter is about the limitation of the subject of "notification-delete" rule.Based on tencent small application case and ali cloud leasing case as the breakthrough point,analysis of whether all Internet service providers are designed to "notice-delete" rule,a new type of Internet service providers should choose to apply to the tort liability law of the People's Republic of China(hereinafter referred to as"the tort liability act")36 or analogy for the information network transmission right protection ordinance(hereinafter referred to as the regulations).Chapter three focuses on the abuse of "notify-delete" rule to make malicious complaints,which mainly occurs in e-commerce platforms.Since the implementation of the e-commerce law of the People's Republic of China(hereinafter referred to as the "e-commerce law")in 2019,there have been certain problems in judicial practice.The fourth chapter is about platform liability under the notify-delete rule.Under the framework of "notify-delete" rule,it is not necessary for Internet service providers to carry out active censorship obligations for internal contents or links.However,as more and more network infringements occur and the damages are huge,whether to establish reasonable censorship obligations is the focus of this chapter.In this chapter,the platform will be classified from the aspects of prior review,active review and special review.The fifth chapter makes clear that there are still some problems that need to be improved in China's laws.From the perspective of basic principles,the "notify-delete" rule is interpreted as the result of the game between legislators and judicial personnel in protecting the development of the industry and the interests of the obligee.In view of the complex network environment,the author hopes that the platform can be scientifically governed.With the promotion of network technology,the society develops rapidly,and the corresponding laws should follow the society,so as to better meet the needs of the society and maintain the stability of the society.This paper argues that China's notification-delete rule has problems from the beginning of its introduction,only the fragmented introduction does not introduce the supporting legal provisions,which causes many problems such as over-simplification,lack of details,unclear standards,and scattered legal provisions in the later development of the rule.It is true that China's legislation on this rule is gradually improved,and the direction of in-depth development of the segmented areas is gradually moving forward.The promulgation and implementation of the e-commerce law is a breakthrough in the elaboration of platform liability in Chinese law.In this law,we can see legislators' specific judgments on specific issues of specific platforms.With the development of Internet technology,new forms of business have emerged in Chinese platforms,and the forms of information network service providers have become more complex due to the different functions and cooperation modes of platforms.China about "notice-delete" rules need to be done is,throw off the shackles of blanket,do analysis on each individual classified information network server,or even do it on platform development comprehensive considerations and detailed analysis of each kind of obligation,to take appropriate and reasonable measures,find information network services,network content generation and the holder of the equilibrium point,really solve the problem of network infringement.
Keywords/Search Tags:"Notice-Remove"rules, network service providers, Platform responsibility
PDF Full Text Request
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