Abstract:
In the era of new technologies, due to changes in technology and the shape of the Internet industry and the development of international copyright development, the “safe haven” rules of traditional access service providers need to be re-enacted, but the key issue is what kind of copyright liability is added and how to design the system. In this regard, there are mainly two disputes about the choice of system models in the theoretical and practical circles: one is the “three strikes ” system; the other is the “net ban” system. As far as our country is concerned, we should add the obligation of the access service provider to "block the Internet", because compared with the “three strikes out” system, the “net ban” system is more legitimate and reasonable in terms of technical level and legislative construction, and the system implementation cost is lower, and the efficiency of rights protection is higher, but in the specific design, it should be combined with China's system and national conditions for localized transformation.