| Notice and Takedown Procedure was first prescribed under section 512 of the Digital Millennium Copyright Act of 1998,In 2006,Regulation on the Protection of the Right to Communicate Works to the Public over Information Networks adopted this rule,and then article 36 of the Tort Law extended the scope of application of this rule to the general tort field except copyright infringement.This rule not only provided legal protection for the emerging Internet industry at that time,but also found a way to solve the conflicts of interest among Internet service providers,right holders and internet users outside the judicial process.However,Notice and Takedown Procedure has not played an effective role in restraining network infringement in China.The reason is that with the development of network technology,network cloud service,artificial intelligence and other technologies are widely used,and it becomes more and more difficult to identify the legal liability of Internet service providers.In addition,the "selective law-abiding" behavior of Internet service providers based on the consideration of economic interests also exposes the deficiencies of the legal liability regulation of Internet service providers under this rule.Therefore,it is necessary to rethink the legal responsibility of Internet service providers from the legislative level.Based on the existing research in this field,this paper tries to elaborate the theoretical basis of the system from the origin of Notice and Takedown Procedure,and demonstrate the necessity of perfecting the legal responsibility of Internet service providers.Through the comparative analysis of domestic and foreign legislation and judicial practice,combined with the current situation of the provisions of law on the legal liability of Internet service providers in China,this thesis would put forward some suggestions for the perfection of the legal liability system of Internet service providers in Notice and Takedown Procedure. |
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