The Recognition Of Tort Liabilities Of The Right To Network Dissemination Of Information On Mobile Application Stores

The infringement of the Right to Network Dissemination of Information(hereinafter referredto as INDR)on Mobile Application stores falls into infringement category of the same rights of network service providers(hereinafter referred to as NSP),but due to the subjectivity which has been exhibited in the special types of service,operating modes and ways of profiting of that platform,and forceful intervention of the control of open platform,the former tort is different from that of the common NSPs.The former tort occurred frequently in the lawsuits on mobile Apps;It is indirect for being different from the common infringing acts of that kind;It also has applicability problems on the relevant accountability clauses and exemption clauses,which is distinct from network service providers who provide autosave slots and connections service.However,the effective regulations which restricted the INDR of network service providers have the following three weaknesses when it comes to the aforesaid tort: the failure to distinguish the characteristics of different kind of NSPs,the ambiguous obligation of the Mobile Application store,and the indefinite and unspecific judgments on subjective fault of the Mobile Application store.The judicial application of the infringement of INDR on Mobile Application stores does not mean the acquisition of persuasive,reasonable and fair judgments even if such effective regulations have been enforced.In light of the aforementioned legal loopholes,the paper has made a specific analysis of the identification of tort liability on the infringement of operating Mobile Application stores,the identification of the category of platform when the Mobile Application stores was allegedly infringed,as well as the fulfillment of examination duty imposed on the operators of the Mobile Application stores and the identification of subjective fault,tort,damaging result,causality,compensation for damages and other exemption reasons of them,thus to perfect the related regulations in terms of the identification of tort liability INDR on Mobile Application stores and guide the judicial practice of the same kind.