The Dilemma And Solution Of The Application Of The "Notice Of Deletion" Rule In Copyright Law

With the innovation of network information technology and Internet business model,the "notice to delete" rule established by the "Regulations on the Protection of the Right of Information Network Transmission" is becoming more and more unsuitable to deal with the network copyright infringement.Therefore,the judge has to extend the general provisions of Article 1195 of the Civil Code "notice deletion" rule to the field of copyright through interpretation,so as to solve the dilemma that the new Internet service providers cannot apply the "notice deletion" rule.At the same time,in view of the failure of rules caused by rampant copyright infringement on the Internet,scholars suggest to follow the example of the European Union and introduce a copyright filtering mechanism to reform the "notice deletion" rule.However,both the application of general provisions and the introduction of copyright filtering mechanism ignore or belittle the impact of rule changes on Internet service providers and users to varying degrees.The adjustment of "notice deletion" rules should adhere to the principle of moderation.Excessive adjustment of "notice deletion" rules goes against the original intention of the system of moderate protection,and will harm the interests of network service providers and network users improperly.Specifically,the legislator should adjust the "notice deletion" rule of the "Regulations on the Protection of the Right of Information Network Transmission" to include the new network service providers into the adjustment scope of the rules.At the same time,Article 1195 of the Civil Code should make it clear that "Internet service providers shall not take measures to terminate Internet services to users unless otherwise stipulated by law",so as to prevent Internet platforms from willfully sacrificing users’ interests in order to escape censorship obligations.Under present technology condition,it should not be forced to require network platforms to take filter copyright protection measures,but should guide the mainstream network platforms to filter the key copyright content through judicial judgment.In addition,in order to reduce the impact of filtering measures on users,the protection of users’ rights and interests should be strengthened by setting reasonable filtering standards and improving the relief mechanism.