Research On The Issues And Countermeasures Of The Application Of The “Notice And Takedown” Rules

The "notice-takedown" rule regards network service providers as third parties that provide auxiliary services to network users and rights holders,and the "notice-takedown" rule requires network service providers to take necessary measures against allegedly infringing content.Accordingly,after receiving the notice,the network service provider is obliged to take remedial measures such as disconnection and deletion of links in a timely manner.At present,there are many problems in the application of the "notice-deletion" rule.One is the application dilemma caused by the defects of the rule itself;situation is relatively common.In response to the problems of duty of care,necessary measures,and unclear reasonable time limit caused by the defects of the rules themselves,the main solutions are: unified knowledge of the scope of the rules;Strengthen the monitoring of network service providers to solve the application problems caused by the deficiencies of the duty of care law;include forwarding notices into the scope of necessary measures to solve the legislative deficiencies in necessary measures;clarify the reasonable processing time limit,including the time and technology of reviewing the notice processing time.In the specific judicial determination,it is judged whether the network service provider’s handling of infringement notices meets the requirements based on whether the network service provider has deployed extensive "filtering" technology in the industry to evaluate the degree of fulfillment of its duty of care.For the problem of inconsistent application of the "notice-deletion" rule,measures such as unified standards should be adopted.When defining the content of the reasonable duty of care of network service providers,it should not be generally summarized as "reasonable",but should be specified in detail,Clarify its content;when judging whether the notice is qualified,the judgment standard shall be unified,and the specific content of the infringement notice shall be specified.Abuse of the "notify-take-down" rule should be resolved according to different subject categories.To curb the abusive behavior of network service providers,review the proof materials of infringement notices as a necessary premise to reduce the cost of review;curb the abuse of rights holders,start with the malicious notification damage compensation system,and increase the notification cost of malicious complainants;The abuse of network users can start from regulating the exercise conditions of counter-notifications,and further balance the interests of all parties.