Search Engine Provider Copyright Infringement Liability Standard Discussion
|Keywords||Search Engine Copyright Liability Principle Of Imputation Rational Use Subjective Cognition|
Internet’s rapid development has brought rapid economic growth and the Internet entrepreneur has created a myth of a fortune. Healthy and rapid development of Internet industry depends on effective property rights protection and innovation mechanism. Among these mechanisms, "the copyright system" is undoubtedly the most important system characterization because it plays a most central role.As the most widely used Internet application service provider, search engine service providers, have become the internet industry growth point, the rapid development of Internet information dissemination radiation point and the Internet search service query point. It is precisely because the search engine service providers of Internet penetrate in various important aspects that infringement of the search engine providers widely exists on the internet. If internet service providers, especially the search engine provider tort violations, which are more subtle, complex and propagable, not to be attributable to the infringement, the victim’s legal rights will not be guaranteed and the healthy development of the Internet will be affected.Identified violations of search engine service providers are attributable to the complexity. They will take their own responsibility because their works are available to the public or they help third-party infringement and replace tort liability. Their own responsibility taken by search engine providers, which is also known as direct responsibility, is a simple kind of responsibility... Academics are basically consistent in confirming and judging this. However, third-party responsibility taken by providers, which is known as indirect responsibility, is complex in confirming and judging. Academics find it mixed to determine the complexity of its tort law. It has become a premise for the Internet search engine service providers to solve prerequisite for tort liability to how to correctly position the legal status of the search engine service providers and summarize the different service providers in case of the attribution of that standard in violation of its dominant position in different search engines. In the search engine service provider identified in the attribution, existing law did not give a clear identification of the subjective standard, resulting in very different verdict in the nature of judicial practice for the same case. To explore search engine service providers’ subjective elements of that standard is of great significance for the analysis of indirect infringement Moreover, China’s "Regulations on Protection of Communication through Information Network" in the search engines has introduced a service provider as a "talisman" of the "safe harbor" rules, which became the search engine service providers infringement statutory defenses. We have to say "safe haven" rule is a balance mechanism that law seeking in conflict of interest between the traditional copyright and the emerging network technology. The rational use of search engine service providers tort system has become a trade-off mechanism to solve conflict of interest between traditional copyright and network technology provider.It is not only a complement and improvement for our existing indirect responsibility, but also a protection of the traditional copyright holders’ rights to build tort liability system of indirect liability and that standard of search engine service providers suited to China’s Internet industry characteristics. In perfect, reasonable legal system, the introduction of a reasonable system of search engine service providers can find economic balance point between copyright holders and network service providers. This also can make them closely combined. Ultimately it will be beneficial to both encourage the socialist spiritual civilization, material construction and dissemination of creative works, and promote socialist culture and science development and prosperity.