Research On Necessary Measures For New Types Of Network Service Providers To Avoid Copyright Infringement

With the rapid development of Internet industry,new types of network services are emerging in an endless stream.The necessary measures taken by new network service providers to avoid copyright infringement is a question worth exploring under the current trend.It is particularly important to clarify the specific type of specific network service providers before confirming the necessary measures that network service providers should take for its responsibility.Only by analyzing the specific operating principles of network service providers and clarifying their specific positioning within the current legal framework can they be able to judge their types and require them to bear corresponding responsibilities under the existing legal framework.As the difference on provided technology and content service types from traditional network service providers,The phenomenon of differentiation in the face of copyright infringement are existed on whether to apply the "notification-delete" rule and how to apply the "notice-delete" rule exists for new types of network service providers.In the two classic cases of "Alibaba Cloud" and "We Chat Mini Program",judicial practice has already given its tendentious answers to the question of the application of necessary measures for new types of network service providers.However,there are still many controversies in the application of necessary measures in copyright infringement cases of new network service providers.For example,there are differences in the scope of application and necessary measures of the "notice-delete" rule,unclear reasonableness of the necessary measures and lacks of effective guidance path on the application of legal liabilities.This article further studied the foreign regulations on necessary measures for new types of network service providers to avoid copyright infringement and put forward views that can be used for reference by our country based on domestic judicial practice.On the basis of comparative analysis of domestic and foreign theoretical propositions on necessary measures,the Supreme People’s Court has issued guidance cases and implemented judicial interpretations or guidelines to clarify the obligations for new network service providers,including strengthening the principle of proportionality.The application of judicial case discretion,the introduction of basic preventive measures for differentiation,the establishment of forward notification as a necessary type of measure,the use of measures such as the prohibition of repeated infringement mechanism and the allowable liability exemption for malicious reports to avoid copyright infringement of new network service providers.In addition,it can also promote the healthy development of the Internet industry.On the basis of comparative analysis of domestic and foreign theoretical propositions on necessary measures,the Supreme People’s Court has issued guidance cases and implemented judicial interpretations or guidelines to clarify the obligations for new types of network service providers,including measures such as strengthening the principle of proportionality in the judgment of judicial cases,introducing basic preventive measures for differentiation,setting forward notice as a necessary type of measure,learning from the mechanism of prohibiting repeated infringement and allowing liability exemptions for malicious reports to avoid copyright infringement of new types of network service providers.The healthy development of the Internet industry could be boosted at the meanwhile.