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Study Onapplication of the "Harbor Principle" to ISP Tort Liability of Copyright

Author: ZhaoMingYu
Tutor: ZhangYan
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: ISP Haven principle Red Flag standard
CLC: D923.41
Type: Master's thesis
Year: 2010
Downloads: 164
Quote: 0
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Abstract

Since the 1990s, the computer, the Internet and digital communication technologies leaps and bounds, a huge shift of people access to information and communication mode, great to meet the modern desire for high quality and fast access to massive amounts of information. As with all technology development, network dissemination of the rapid development of new technology, the benefit of modern people living and working at the same time, to accompany students to a variety of negative effects also continue to appear, so various ISPs and copyright of the struggle of the human rights and responsibilities the interests of the wins Jiucun Nanxiao ISP Copyright Infringement Liability identified particularly highlighted, how to seek the balance of interests between copyright owners and ISPs based on to design scientific a reasonable ISP tort liability identified and limits, improve the network system of copyright protection The urgent need to overcome the network copyright theory and judicial practice in China has become a new theory and technical problems. The U.S. Digital Millennium Copyright Act (DMCA) in 1998 for the first time established a standard of \ISP Copyright Infringement Liability protection legislation generally accepted that standard. China is also modeled on the \case law applicable to certain provisions of laws and regulations together, so that our network system of copyright protection system taking shape. But surviving include fault standard is not clear, reasonable care obligations vague, including many to be adjusted and perfected. In this paper, the method of comparative analysis and empirical analysis, as the keynote to explain the theory, based on our existing norms and judicial practice, learn from foreign advanced legislative and practical experience at the same time, through four sections, respectively, from the ISP qualitative classification, \system introduced and foreign system in contrast to the different circumstances of the \infringing the existing system and proposed a scientific and rational system with Chinese characteristics is recommended to lay the basis of theory and examples of. Chapter V of this paper will be China's current network technology and the economic and social development of the specific circumstances and learn from foreign advanced system experience, proposals for a system suitable for the development of China's copyright protection.

Study Onapplication of the "Harbor Principle" to ISP Tort Liability of Copyright

Abstract

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