Research On Safe Harbor Rules For Information Storage Provider

China’s Regulations on the Protection of the Right to Information Network Dissemination draws on the legislative model of the U.S.Digital Millennium Copyright Act to provide several types of clear forms of exemption from liability for ISPs,i.e.,China’s Safe Harbor Rule.One of the categories of ISPs exempted from liability under China’s Safe Harbor Rules is the information storage provider Safe Harbor Rules.With the development of science and technology and the deepening of the research on the Safe Harbor Rule,the application of the information storage provider Safe Harbor Rules in practice has generated more problems,the most prominent of which is the definition of the information storage provider and the problem of subjective fault determination standards.Therefore,it is necessary to conduct a more comprehensive discussion on the information storage provider Safe Harbor Rules.This paper divides the problem of information storage provider Safe Harbor Rules in the context of new technology into the problem of subject definition and the problem of fault determination based on the theory of indirect copyright infringement and the elements of infringement liability of the theory of civil law of dissemination of infringement,and discusses the two aspects of the problem respectively by combining the domestic and foreign cases of information storage space service provider network copyright infringement.The first chapter of this paper discusses the problems of the existing information storage provider Safe Harbor Rules in the definition of the subject and fault determination: because the relevant laws and regulations are not clear about the provisions of information storage service providers,which leads to the tendency of expanding the interpretation of this concept in judicial practice,and the repeated characterization of the same kind of service providers;in the context of new technology,there are logical contradictions between the rules and China’s fault infringement system,and the lack of relevant provisions of the fair use system in the Safe Harbor Rules has caused a series of problems of fault determination.The second chapter of this paper discusses how to clarify the criteria for defining the subject of the information storage space Safe Harbor Rule.Firstly,based on the legislative purpose and legislative model of the Safe Harbor Rule,the concept of the applicable subject of the information storage provider Safe Harbor Rules should be interpreted in a restricted manner;secondly,the defining characteristics of the subject should be clarified according to the obligations given to the subject by this rule,which should have the corresponding technical and legal control ability.The third chapter of this paper discusses how to clarify the fault determination criteria of the information storage provider Safe Harbor Rule.Firstly,based on the contingent status of the Safe Harbor Rule in the tort theory of fault,which is the standard of conduct and behavior of the information storage service provider,and then through the traditional civil law theory to determine its violation of the Safe Harbor Rule as the evidence of presumed subjective fault;secondly,based on the contingent status of the fair use system in the fault determination of the Safe Harbor Rule,which is not a direct obligation of the information storage service provider,the obligation to determine reasonable use is appropriately assigned to the right holder,and the review obligation of reasonable use determination incorporated into the notice is taken as an indirect obligation of the information storage service provider.The forth chapter of this paper improves the provisions of the information storage provider Safe Harbor Rule in the definition of the subject and the determination of fault.In the definition of the subject,firstly,the concept of the subject is explained in a restricted manner,and the storage service is limited to the service closely related to the storage;secondly,the technical and legal control ability of the subject is included in the concept of the subject.In terms of fault determination,firstly,the "unprofitable" exemption condition,which is not related to the fault determination,is deleted from the Safe Harbor Rule,and then transformed into a consideration for fault determination in the same provision;secondly,the obligation of fair use determination of the right holder is incorporated into the notice eligibility,the authenticity and completeness elements,the obligation to review the notice eligibility is assigned to the information storage service provider.