WAP search service,as a search engine trans-coding service,technically only provides linking service and format conversion service,and does not have the function of storing relevant works and providing them to users.This leaves uncertainty about the attribution of WAP search service and the application of the systematic cache safe harbor rules.Based on the application requirements of article 21 of Regulations on the Protection of the Right of Communication through Information Network,namely the systematic cache safe harbor rules,this paper,combining with the typical case"One Search Case",discusses the legal attributes of WAP search service,clarifies the applicable standards for infringement determination,and the dilemma of applying the systematic cache safe harbor rules,and puts forward better paths such as expanding the interpretation of"improving network transmission efficiency",making good use of the principle of technology neutrality,and giving play to the leading role of typical cases,so as to provide trial ideas for emerging technology-related cases in judicial practice.
关键词
WAP搜索服务/系统缓存/避风港规则/信息网络传播权/深度链接
Key words
WAP search service/systematic cache/safe harbor rules/the right of communication through information network/deep linking
维普
万方数据