Cracking The Dilemma of Network Service Providers' Duty of Care: Based on The Perspective of Direct Benefit Acquisition

Abstract

With the increasing scale of the domestic network economy, legal issues in this field continue to appear in our field of vision, such as the endless infringement of network users, which has become an important issue in the governance of the current network economy. Although China has introduced the "notice-delete" rule in the legislative field for the indirect infringement of network service providers, with the passage of time, the "notice-delete" rule has shown many shortcomings in terms of response speed and efficiency in protecting the rights and interests of right holders. Although some scholars have proposed the duty of care for network service providers in response to this phenomenon, there are many controversies in the field of domestic and foreign legal science and judicial circles on the duty of care. From the perspective of direct benefit acquisition, this paper takes how network service provider shall bear the responsibility the duty of care as the research object, analyzes the problem by case analysis and comparative research methods, and draws the conclusion that the conditions for obtaining direct benefits should be reasonably and appropriately used, so that network service providers can bear the corresponding duty of care for the direct benefits they have obtained, in order to promote the continuous improvement of the network service provider responsibility system, and make corresponding contributions to completely clearing up the chaos of network infringement and purifying the network environment.