The Supreme Law Will Start The Drafting Of Judicial Interpretation Of Network Copyright Protection.

19, reporters learned from the news conference of the Supreme People's court that the highest law will start this year. Network copyright The drafting of judicial interpretation of protection will involve the question of how to apply the "safe harbor principle" and how to grasp the "red flag" standard.

The near future Baidu Wenku The issue of copyright infringement has attracted wide attention. The "safe harbor principle" refers to the fact that when a copyright infringement case occurs, ISP (Internet service provider) only provides space services and does not produce webpage content. If it is informed of infringement, it has the obligation to delete, otherwise it will be regarded as infringement. If the content of the infringement is not stored on the server of ISP, and is not informed of what should be deleted, ISP will not be liable for infringement. The "red flag principle" emphasizes that Internet service providers must be sheltered by the principle of "safe haven" only if they do not know and have no reasonable reason to know the existence of piracy.

Kong Xiangjun, President of the third court of the supreme civil trial, said on the question. network environment The issue of copyright protection is a key research topic of the Supreme Court last year. The courts at all levels of the supreme law have made a thorough inquiry into this issue, and preliminary research reports have been formed this year. At present, a prominent problem in the field of copyright disputes in the Internet industry is that the third party websites are uploading pirated and tortious documents. Users can share them freely. Third party websites are sometimes hard to find, so there are many cases of prosecuting Internet service providers. In this case, whether Internet service providers have responsibilities or special conditions. Only when these special conditions are met will the legal liability be borne.

He said that the supreme law will start the drafting of judicial interpretation of copyright protection this year. This judicial interpretation draft will cover the question of how to apply the "safe harbor principle" and how to grasp the "red flag" standard.

Kong Xiangjun pointed out that there are many forms of copyright disputes in the network environment, and the changes are very fast. The supreme law will consider this issue carefully, and try to summarize some rules and standards so that their boundaries will be clearer and their respective advantages should be achieved, avoiding some disputes and promoting the development of all aspects.