Font Size: a A A

Research On The Application Of Notification Deletion Rules For Mini Providers

Posted on:2022-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:W J ZhuFull Text:PDF
GTID:2506306491478304Subject:Law and law
Abstract/Summary:PDF Full Text Request
The Notice Deletion provides institutional guarantees for the copyright liability of network service providers in the Internet environment of my country.While protecting the rights and interests of copyright holders,this rule also avoids excessive accountability of network service providers and achieves a balance of interests between the two.The types of network service providers are constantly updated,and the methods of infringement are complex and changeable.The original Notice Deletion appear to be slightly weak and gradually reveal the lag.After the Civil Code of the People’s Republic of China was promulgated,it made clearer provisions on tort liability under the network environment,and improved the Notice Deletion to a certain extent.However,in the course of judicial practice,as a new type of network service provider,the Mini program service provider has encountered a dilemma when applying the Notice Deletion.Mini programs first entered the public’s field of vision as network technology products.Nowadays,mini programs have become the focus of the development of the Internet industry.At present,small programs have been involved in all areas of life,such as book reading,video playback,etc.The feature of not needing to download and install greatly liberates the space of mobile phones and makes them popular.The platform carried by the Mini Program has a large number of basic users,and the target market is extremely broad,making it the best choice for online profitability.However,problems also follow.The convenience of Mini programs has provided a breeding ground for copyright infringement,which has caused Mini program service providers to continue to fall into copyright infringement disputes.However,there is no uniform standard for determining the legal status of small program service providers and whether the Notice Deletion can be applied.This article first analyzes the Rightknights v.Tencent case,sorts out the focus of the dispute,and leads to the main research content of this article,namely the identification of the main legal status of the Mini program provider and the dilemma of applying the Notice Deletion.Secondly,based on the legal principles and applicable procedures of the Notice Deletion,analyze the main focus of the case and determine whether the provider of the Mini program in this case constitutes copyright assistance infringement.Finally,from the perspective of the Regulation on the Protection of the Right to Communicate Works to the Public over Information Networks and the Civil Code of the People’s Republic of China,the existing rules are reviewed,and from the perspective of judicial practice,suggestions are made to improve the application of the Notice Deletion in the Mini program,so as to be able to Provide guarantee for the healthy development of the Mini program industry.
Keywords/Search Tags:mini program, notice deletion, contributory infringement
PDF Full Text Request
Related items