The Case Analysis Of The Baidu Library Copyright Infringement

With the rapidly development of modern society and increasing popularity of information technology in life, the network infringement in reality began to spread. Network service providers provide access, caching, information storage, searching, and links for network users. They are parties to exchange information. So it often involved in the infringement infringement dispute. Our network has developed to adapt the protection of copyright, such as the development of the "People’s Republic of China Copyright Law"," Information Network Transmission Right Protection Ordinance" and so on. Even the " Tort Liability Act," are also involved, but because of our legislative practice is immature, the law itself still has some problems to be solved. In practice, many problems remain after another. On March15,2011, penned by the Murongxuecun, Hanhan, Guo jingming, Jia Ping’ao and other50well-known writers and publishers have signed a joint campaign to against the book, the book that Baidu library crusade included in most of the writers works, but these works are free of charge without get any authorization of a writer on network users, and can be downloaded free. They said Baidu ’s behavior violated their copyrights, then asked Baidu to stop infringement. In2012, the Writers Rights Alliance Han, Oklahoma will prosecute Baidu library to court. This network violations set off to explore the whole society on how to protect copyright issues, and also to lead Baidu library to the outlet wave.During the trial, both sides are mainly focus on whether a subjective fault to constitute infringement and whether Baidu library appliy "safe harbor principles". In this paper specific aspects of the case were the main focus of controversy assessment, then draw relevant conclusions by comparing the study concludes, thus contributing to regulate the development of the market.