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Abstract

The auction site is one of the new forms of e-commerce has been rapid development in recent years, more and more involved in the main. The same with any kind of new students affairs, lack of ownership of the rights and obligations of all parties in the case of lack of sound and effective legal regulation, and therefore a lot of controversy in the theory and practice. This paper focuses on the auction site whether it should be responsible for the copyright, trademark and other infringement disputes in the user transaction and assume the responsibility of the extent to which. The determination of any kind of legal responsibility must be placed in the legal system, that is, the condemnation of the subject in the context of existing legal concepts. The legal status of the auction sites have a lot of controversy, so the first part of this paper is first to make a comb on its concept of attribution. Auction site to comment on all kinds of theories identified should be the main network is attributable to the network method, conforming to the characteristics of the existing network method in the network service provider \Divided into several categories, depending on the services the network service provider \Finally obtained the legal concept of attribution should be \The second part of the legal responsibility of the network service provider \Examine two aspects of the study, respectively, from a legal point of view and national legislative achievements, the main reference has been gradually formed, existing more forming network service provider responsibility identified the mechanism of the U.S. legislation, including the 1996 Telecommunications Act (the Telecommunication Act, ), the Digital Millennium copyright law \. The common practice is to impose a general limitation of liability, finds that it is not monitoring its service obligations of the infringing information applicable to the limited principle of fault liability. However, the fault, after all, only a subjective state of mind, it is difficult for outsiders to know the law must be established in a series of specific rules of external behavior and the relevant facts and circumstances to determine whether the network service provider at fault, the DMCA in the United States on The establishment of such rules has great reference value. In addition this article noted that all countries recognize the importance of different responsibilities, depending on the network ISP services. The content and manner of different infringing the rights protected in the field are not all the same, the role of various types of network service providers in the process of damage resulting sizes, so should be treated the difference between the various service providers, that regardless of indiscriminate all let the practice of his enjoyment of the limitation of liability is the sub-

The auction site the legal status of joint infringement

Abstract

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