Research On The Duty Of Attention In Copyright Infringement On E-commerce Platform

The infringement application of China’s e-commerce platform is mainly based on the theory of indirect infringement,and the legislative model is mainly borrowed from the United States.However,in practice,the development of China’s e-commerce has its own unique characteristics.After all,the safe haven theory is the product of the last century,and there are not many cases where it can be directly applied because of its obsolescence.Judging from the judicial practice,it tends to apply the red flag standard,and the core of whether the platform infringes is the determination of duty of care.Based on the research status and case analysis,this paper tries to find out how duty of care applies to copyright infringement of e-commerce platform,and sums up the current situation of judging its application,focusing on "knowing","knowing" and duty of care in different stages.Through case studies,this paper analyzes in detail the core issue of duty of care,that is,how to judge the platform "knows" and lists three types of duty of care in different stages.Through the above summary and analysis,the fourth chapter of this paper puts forward the current disputes and difficulties in determining the duty of care,and puts forward some suggestions for standardization and improvement.In view of the influencing factors,in practice,we should refine the responsibility-taking mode of e-commerce platform operators,and distinguish the standards of duty of care of e-commerce platform according to the nature of commodities and the scale of the platform.It is necessary to expand the boundaries of the duty of care of the e-commerce platform,which requires the special duty of examination of the e-commerce platform.