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Research On The Liability Of Search Engine Service In Reputation Infringement

Posted on:2021-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:J Y SunFull Text:PDF
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As a general personality right,the right of reputation relates to the basic rights and interests of natural persons or legal persons in normal life.The development of the Internet and the shortsightedness of relevant laws cause new problems on the protection of reputation rights.As an important part of the Internet service providers,search engine plays a positive and diverse role on network infringement.Existing researches have paid more attention to the disputes in the fields of privacy,copyright,unfair competition,etc.,but remain less focus on its responsibility in reputation disputes.This paper mainly uses the case analysis,chooses Baidu as the object,and discusses the specific role and responsibility allocation of different search engine services in reputation infringement.Firstly,this research analyses the basic fundamentals of search engines and the validity of associated agreements,finds that the relevant agreements cannot effectively regulate the infringement of search engine,and the self-made exemption clauses of search engine have no legal effect.Secondly,by analysing the research materials,this paper includes three main services related to the issues,which are links,snapshots,and associated terms.And divides associated service into ISP and ICP,obeying the rule of “notice-take down”,from the perspective of the operation process.Thirdly,the paper analyses the constitutive requirements of reputation tort on different service types.Specifically,link infringement is based on the premise of third-party page infringement,snapshot infringement is partly due to the variable update frequency,and associated terms requires the distinction between statement and word combination.Existing laws unreasonably reduce the duty of care on search engines and fail to protect the interests of victims.The main reasons that lead to the victim losing the lawsuit are the excessively strict notice requirement and the unreasonable distribution of burden of proof.Fourthly,according to the articles 36 and 37 of the Tort Liability Law of PRC,this paper demonstrates the rationality of search engines as security agents,and distinguishes different services to assume their own responsibilities,shared liability and complementary responsibilities.Finally,based on the experience of other countries,this research discusses the defense reasons of search engine,centering on the Security Obligations.This paper divides the security obligation of search engine into two categories: the procedural security obligation of prior review,prevention after the event and the new "noticetake down" rule which includes neutral institutions,anti-notice rules and the "noticetake down" rule from the third party;the professional security obligation contains algorithm interpretation according to the different objects like regulatory authorities and rights holders.
Keywords/Search Tags:Search engines, Infringement of reputation, Notice-take Down, Associated Terms
PDF Full Text Request
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