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5.Safe Harbor避风港

Then ISP liability and Safe harbor rule (YEN, 2000) will be presented. Then I want to introduce the Regulation on the Protection of the Right to Network Dissemination of Information. Act 2006, which was established on the basis of DMCA 1998. (Basically, China apply the safe harbor rule in the ISP issues; however, due to the different subjects (ICP and OSP), China may not apply the safe harbor rule—because if apply this rule, it may cause some infringers escape their liability)–also here will analyse the different principle which is more effective based on different subjects (principle of fault and strictprinciple).

5.1 ICP and OSP cases in US
Firstly, the definition of ICP and OSP will be introduced through some examples. Then through some cases: Grokster vs. MGM studios .INC, NAPSTR vs. A&M Records, 20 Twentieth Century Fox Corp& Ors vs. British TelecommunicationsPlc. (2011) to present how the safe harborapply to these cases and discuss rationality the principle of fault for these cases (also this part will discuss the If ISP directly infringed the copyright to distinguish the ICP and OSP).
Sony ltd is considered as no contributory liability, because it is presumed to have no reason to know the infringement (principle of fault).

5.2 Compare with Chinese cases

ICP: Siilu ltd (2014), Sillu is website included BBS which charge member through subscriptionfor movies. It provides more than 10000 movies and a considerable numbers of music and software without authorized. The CEO rejected to accept the liability for copyright infringement because he thought he deleted the movies when he was informed. Finally, the court jugged the siilu is responsible for copyright infringement, however, some members in this BBS is no liable for copyright infringement based on the evidence that they have no object to make profit and they don’t know they have infringed the copyright ---this case will be argued that the if safe harbor is suitable when it apply to ICP, entertainment industry may continue suffering from losses---contributory infringement

Also, another case, the ICP have escaped the contributory liability by the defense that they are unaware of users infringed copyright. Users download music from the 163 website and make them as telephone ring.(Music Copyright Society of China v. Netease Com., Inc. and Mobile Communications Corporation)

OSP : The film Seven Swords network infringement by Shanghai Myrice Network Co., Ltd --- Beijing Ciwen Film & TV Production Co., Ltd sued Shanghai Myrice Network Co., Ltd. for infringement. ----The court considered that the evidence only showed the Myrice network company provided links for users, while it is difficult to prove that this company provided the movie content and it has carried out remove obligation. Thus, the court regarded this Myrice as an OSP and it has no liability for infringement.

6. Conclusion总结

It can be seen that China doesn’t have definite rule about how to judge liability and doesn’t have its own principle for different subjects. Furthermore, it didn’t regulate the presumption of know the infringement. Thus, it caused some ISPs escape their contributory liability.  Therefore, the conclusion of this &t本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。