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Evaluating The Legal Issues Of Internet Service Providers In China -- A Comparative Copyright Analysis Of Chinese Isps, The U.S. Isps, And Japanese Isps, Yifan Huang
Maurer Theses and Dissertations
This thesis is motivated by a legal challenge in the area of Chinese copyright protection: Baidu, which was considered a disaster by the copyright owners in China. To solve this legal challenge, the Chinese could learn from the legal experience of Japan and the U.S. regarding this issue.
The traditional ISP legal system provides a passive-reactive approach to the secondary copyright liability of ISPs. However, the Baidu issue in China indicates that a passive-reactive ISP model is not able to prevent copyright infringement. Recent cases in China and the U.S. reflect a new trend that the judicial branch adopts an …
A Comparative Law Perspective On Intermediaries' Direct Liability In Cloud Computing Context -- A Proposal For China, Shi Xu
Maurer Theses and Dissertations
This dissertation is motivated by two questions: How does the emergence of cloud-computing technology impact major countries’ copyright law regarding the issue of intermediaries’ direct liability? What should Chinese legislature body learn from those countries regarding this issue? Answering the first question lays a foundation for answering the second question.
Usually, a cloud-computing intermediary’s specific activity may possess risk of violating a copyright holder’s right of reproduction, right of communication to the public and right of distribution. Comparatively, that intermediary can raise defenses under the exhaustion doctrine and the fair use doctrine. Analysis on these two topics consists of two …
A Study On The Safe Harbor Rules For Online File Hosting Service Providers Under Copyright Law In China, Shi Xu
Maurer Theses and Dissertations
Today both the U.S. and China are plagued with copyright infringement, particularly infringement involving online file sharing via file hosting services. The safe harbor rules in the U.S. Digital Millennium Copyright Act (here after “DMCA”) §512(c) provide a certain amount of protection for contributory infringers, such as file hosting service providers, as long as certain conditions are met. Although China has borrowed extensively from DMCA §512(c) in setting up its own safe harbor rules, their content and standard of review remain unclear, leading to inconsistencies in judgments. In this circumstance, this thesis tries to analysis each element of the safe …