Research On Safe Haven Rules In The Field Of Copyright

Starting from the judicial cases related to the safe harbor rules and the summary of the gist of judicial judgments,this article summarizes and analyzes the specific issues in the application of the safe harbor rules in judicial practice,and focuses on the relationship between the rights and obligations of network service providers,copyright owners and direct infringers in accordance with the provisions of articles1194-1997 of the Civil Code and other relevant laws and regulations,from the four aspects of judicial application basis,core,remedies and restrictions of the safe harbor rules.Specifically,it analyzes the difficulties faced by the safe harbor rule in all aspects of judicial practice,and proposes corresponding improvement paths.Focusing on the research theme of this paper,the article begins with the following four parts.The first part argues the basis for the judicial application of the safe harbor rule,the "fault liability principle".By analyzing and sorting out the different controversial views that have existed in the academic circles for a long time,it is argued that the joint tort liability of network service providers is constructed by the attribution clause,and a specific improvement path that the safe harbor rule should return to the principle of fault liability is proposed.The second part analyzes the core of the judicial application of the safe harbor rule-"notice-necessary measures".Through the retrospective combing of the experience of extraterritorial systems,the difficulties of existing experience are summarized,the dilemma of judicial application of "notice-necessary measures" is expounded,and two solutions are proposed,one is to clarify the internal relationship between "notice-necessary measures",and the other is to specifically define the concept of necessary measures.Part III discusses the judicial application of the safe harbor rule – "counter-notice-reinstatement".It clarifies the application relationship of counter-notification rules in different laws,discusses the imbalance of interests between network users and copyright owners,analyzes the contrast between the original design intention and operation of the waiting period system,and proposes a solution that combines the pre-notice of counter-notification with a reasonable period.Part IV redefines the "knowledge standard",the limitation on the judicial application of the safe harbor rule.By comparing the extraterritorial red flag standard with the domestic knowledge standard,the connotation of the knowledge standard is determined;The review obligation is distinguished from the duty of care,the challenges of algorithm recommendation technology to the duty of care are explained,and the application system of knowing standards in the context of algorithm technology is constructed.