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Research On The Information Disclosure System Of Network Service Providers In The Copyright Field

Posted on:2024-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y D LuoFull Text:PDF
GTID:2556307094472324Subject:legal
Abstract/Summary:PDF Full Text Request
In the era of universal mobile internet,in order to cope with the increasingly severe issue of personal information leakage,China has successively promulgated the Civil Code and the Personal Information Law to strengthen the protection of citizens’ personal information.The information disclosure behavior involves the interests of copyright owners,network service providers,and network users.The information disclosure system of network service providers is not a behavior that damages citizens’ information rights,but a positive treatment of personal information rules.Starting from revealing the emergence,development,and characteristics of the information disclosure system,this article conducts research on the current situation and improvement of the information disclosure system in the field of copyright in China.It attempts to analyze and summarize relevant legislative activities,judicial practices,and academic research results both domestically and internationally,in order to provide suggestions for the improvement of the information disclosure system in the field of copyright in China.Firstly,the article points out that the information disclosure system in the field of copyright is a system in which network service providers provide personal information of suspected copyright infringement network users to copyright owners or national authorities under legal provisions or at the request of the parties involved.It also reveals that the information disclosure system is a supplement to the "safe haven" principle and was born under the guidance of the principle of balancing copyright interests.At the same time,the characteristics of the information disclosure system in the field of copyright were summarized.Secondly,the article summarizes the development of information disclosure models in the field of copyright in China by reviewing relevant laws and regulations.At the same time,the application of the information disclosure system in the field of copyright in judicial practice will be examined,and the shortcomings and reasons of China’s information disclosure system in the field of copyright will be summarized.Once again,the author conducts a systematic study on the judicial disclosure models represented by the United States and Germany,the administrative disclosure model represented by France,and the private disclosure model represented by Japan to summarize the current status of information disclosure systems in the copyright field in major countries around the world.Revealed the close connection between information disclosure systems and litigation or administrative procedures in Western countries.Finally,the article reveals that the core contradiction to be solved by the information disclosure system in the field of copyright is the conflict between the personal information rights of network users and the property rights of copyright owners.Therefore,in order to improve the legislation of the information disclosure system in the field of copyright in China,it is necessary to arrange both the copyright legal system and the personal information protection legal system.Furthermore,based on the information disclosure models of the aforementioned countries and the actual situation in China,a suitable information disclosure model has been proposed.At the same time,suggestions are proposed for constructing a system of information disclosure in the field of copyright from four dimensions: the subject,procedure,boundary,and responsibility for refusing disclosure.
Keywords/Search Tags:copyright protection, ISP, Personal Information Protection, information disclosure
PDF Full Text Request
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