Publishing Journal ›› 2012, Vol. 20 ›› Issue (1): 58-.
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Abstract:
The internet service providers can put forward different demur incidents in different lawsuit. In the direct infringement lawsuit, the providers should prove that their action is not an infringement, and in the indirect infringement lawsuit, the providers can claim that they shall not be liable for compensation according to the “ safe harbor rule” by proving that: they have publicized the information of the provider; they do not altered the work, performance, or audio-visual recording provided to the service object; they do notknow and has no justified reason to know that the works provided by the service object has infringed upon an other’ s right; they have not directly obtained economic benefits from the service object’ s provision of the work, performance, or audio-visual recording; after receiving the notification from the owner, they have deleted the work, performance, or audio-visual regarded as infringing on the right of the owner according to the provisions of this regulation.
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http://cbkx.whu.edu.cn/jwk3/cbkx/EN/Y2012/V20/I1/58