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The search link services triggered by the Information Network Transmission Right Infringement Research

Author: WangWeiJia
Tutor: ChenLi
School: Fudan University
Course: Legal
Keywords: Copyright Law Information Network Transmission Right Infringement Search Link Service
CLC: D923.41
Type: Master's thesis
Year: 2010
Downloads: 73
Quote: 0
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Abstract


The Internet is a new media, the Internet copyright issues have impacted our existing copyright legal system . In this case , October 27, 2001 , the revised Copyright Law enacted by the law to increase the network environment under copyright protection the new rights content , that is, \Web search service providers is an important participant in the Internet . It mainly provides information search , location-based services , Web search service provider search engine , users can easily their information of interest to search , locate . However, the Web search service providers to provide such services is likely to infringe the copyrights of others . Constitute the elements of the infringement , direct infringement , indirect infringement , as well as exemption conditions , the law does not clearly defined , or regulations are not clear enough , also caused a lot of controversy in legal circles . Chinese court in the trial practice , trial and error, and also made the opposite judgment . This paper is divided into five chapters. I first concept of Information Network Transmission Right from the start , clear web search service providers to provide most of the link service can not constitute a direct infringement may constitute indirect infringement . After the search link service principle of attribution of violations of the right to network dissemination of information for analysis. Chapter continue to resolve Terms of conditions - notice - Remove rule \Chapter through the analysis of indirect infringement of the constituent elements , combined with domestic and foreign - related cases and \refinement related to the principle of tort liability commitments , in order to make some useful help our judicial practice . The fifth chapter analyzes the legal policy factors behind the development of China 's network industry still lags far behind the developed countries , its support of legislation key considerations of public policy . If the network service providers to impose heavy obligations , and ultimately may hinder the development of network technology , and even damage to the ordinary network users the right to freedom of expression .

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