A Study of the Preconditions and Conditions for the Judicial Application of the Safe Harbor Principle
The legal consequence of the application of the safe harbor doctrine is that the Internet service provider is exempt from legal compensation.The ignorance of Internet service providers is a premise of the application of that doctrine.Receiving effective notices and taking necessary measures to avoid further expansion of losses are specific conditions for the application.However,in practice,the premise of the judicial application of the safe harbor principle has not received sufficient attention,and the conditions for application are not specific and clear.Therefore,it is necessary to introduce the red flag principle to interpret the premise of the judicial application of the safe harbor prin-ciple.Secondly,according to the guidance case No.83 issued by the Supreme People's Court,the scope of the notification should include the order number and the infringement comparison table in addition to prima facie evidence to prove the facts of infringement.Necessary meas-ures include blocking,deleting,disconnecting links,and forwarding notifications etc.
Safe Harbor PrincipleRed flag principleEffective notificationsNecessary measures
NETL
NSTL
万方数据
维普
