The Safe Harbor rule is the general term of a series of rules in the Digital Millennium Copyright Law of the United States.It aims to protect the Internet Service Providers in good faith from the direct or secondary liability caused by the Third Party Infringement in the field of copyright.The legislative model of the safe harbor rules has a strong technical orientation.According to the four network service models at that time,the corresponding rules were formulated respectively.In 2000,the Safe Harbor rule was first introduced into a judicial interpretation issued by the Supreme Court in China.In the next 20 years,this rule has been applied to many department laws outside the copyright field.In fact,at present,all types of internet services are subject to the Safe Harbor rule.However,in the face of the complex characteristics of a variety of right objects outside the copyright field and the challenges brought by the new types of network services,it seems difficult to keep the balance of rights among the obligee,the user and the Internet Service Provider by applying the Safe Harbor rule.In order to solve the above problems,this paper starts from the origin of the rules of safe harbor,investigates the relationship between the rules and the secondary liability regime,and tries to find a reasonable way to identify the responsibility of the Internet Service Providers after revealing the route of the rules development.The first chapter of this dissertation introduces the secondary liability regime in the field of intellectual property in the United States.In the second chapter,it reveals the influence of the secondary liability regime on the formation of the safe harbor rules in the United States law,and the similarity between the safe harbor rules and the secondary liability regime.In the third chapter,it introduces the characteristics,problems and changing trend of the safe harbor rules in China.On the basis of the third chapter,the fourth chapter puts forward some solutions to some problems still existing in the practice of China’s safe harbor rules,and try to provide a new idea to rebuild the Internet Service Provider liability regime. |