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Infringement Liabilities of Network Chaining

Author: ChenZhiLi
Tutor: ShouBu
School: Shanghai Jiaotong University
Course: Legal
Keywords: network link service infringement liability common infringement indirect infringement system
CLC: D923.41
Type: Master's thesis
Year: 2009
Downloads: 46
Quote: 0
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Abstract


Network link service is a new thing, appearing with the development of information technology. It has reduced the cost of access to appropriate information greatly, and broke the time and space for blocking access to information. However, as a new thing, it has a lot of problem under the original legal system.In recent years, a lot of lawsuits about Internet music search service providers have happened.It shows that there is a complicated relationship between the copyright holder, the Internet music search service provider, and the user. Because the behind development of the relevant legal system, it’s not easy to find out the legal basis to decide whether the act of the Internet music search service provider is legal or not. Such unclear rule, not only make it difficult to decide whether it is legal or not, but also bring some extent to the industry of the Internet music search service and how to protect the IP rights under the network environment.The Internet community has been deeply affected, the network has become an integral part of life, so it’s important to discuss the infringement liability of the Network link service providers, and in what cases they should take infringement responsibilities.This article attempts to use the case study approach to analysis several cases of Network link infringement happened. In recent years to explore the network link service provider’s responsible for the foundation of infringement, and other elements. And analysis the indirect infringement liability of the network link service provider.The article is divided into four parts, the first part is the introduction of the cases and analysis of them. Through the discuss of the cases occurred in different time, we will try to finger out the development of our understanding to the network link infringement, as well as in what conditions should the network link service provider’s bear the infringement responsibility.The second part is the introduction of the indirect infringement system use to the Network chaining. Including the type of the indirect infringement, and the elements of the indirect infringement should have. The third part is the comparison of different countries how to develop the indirect infringement system, from America to Europe, Germany and Taiwan.The fourth part is about the legislation about indirect infringement, an analysis of the establishment of the indirect infringement system, and a discussion of when and how to establish it, considering our current economic development situation.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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