The Experts below are selected from a list of 17319 Experts worldwide ranked by ideXlab platform
Xu Hanxi - One of the best experts on this subject based on the ideXlab platform.
-
Subjective Negligence Identification of Providers in Information Storage Service——Taking the Judgment of the Infringing Case of Baidu Library as the Breakthrough
Journal of Chongqing College of Electronic Engineering, 2014Co-Authors: Xu HanxiAbstract:Whether the Service providers assume liability to pay compensation depends on the determination of the subjective fault when Internet users infringe others' copyright through the Information Store Service. The court needs to determine the subjective fault through the external behavior of the network Service provider in specific cases. The duty of care is the standard to determine the subjective negligence in modern tort law and the objective and inevitable result of the subjective judgment standard. After the Service providers are judged to have performed the reasonable caring duty, they can be decided whether they should compensate for other losses or not.