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Copyright Infringement Liability Limitation research network service provider
Author: ZuoZhenXin
Tutor: WangQuanDi
School: Fudan University
Course: Legal
Keywords: Network service providers Limitation of Liability Haven Red Flag standard
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 167
Quote: 0
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Abstract
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Network service provider plays an extremely important role in the normal operation and development of the Internet as a network of information dissemination platform with carrier. Yet it is due to play such an integral role, network service providers are often involved in copyright infringement disputes, which occur frequently on the Internet. Traditional copyright law attaches great importance to the protection of the interests of copyright owners, in early judicial practice, whether in domestic or foreign, for network users to implement tort cases, copyright require network service providers assume liability litigation request will normally be the court recognized. In this way, the network service provider undertake a very strict responsibility, become cautious in business development, seriously hindered the development of the information industry; addition, the network service provider on their own and without the knowledge of third-party infringement seems to have become unfair. As a leader in the information industry, the United States first proposed to deal with copyright infringement liability of network service providers to restrict that established the rules of the \The rules \Affected by China's relevant regulations also do the \Based on the United States' Digital Millennium Copyright Act \comparison with the current relevant legislation, put forward suggestions for improvement. The thesis is divided into three parts: the first part first define the network service providers, the narrow network service providers, including their own organization, select the information through the network to the public network content provider; subsequent responsibility principle, industrial development technical ability to explore the basis for the limitation of liability; the last brief introduction to the legislation of the countries in the world. Generating process, the core content of the second part of this article, the first two famous cases in U.S. history for clues to the \the process; followed by a detailed analysis of the different types of network service providers for the specific conditions of the \. The third section describes the domestic situation, our country there are many laws and regulations to carry out the provisions of the limitation of liability of the network service provider, but still inadequate, and therefore the conclusion, the article from the main program and other aspects put forward some recommendations .
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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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