The Limitation and Outlet of «Notice-and-Takedown» Rule Applied in New Network Service

With the rapid development of Internet technology and business model innovation, new network services such as the small program platform and cloud server in our country develop rapidly. However, there are many problems in the judicial practice of the platform that violates the «Notice-and-Takedown» obligation in the new network service. The correct understanding and flexible application of the «Notice-and-Takedown» rule is the necessary meaning of the new online service platform trading services in accordance with the Tort Liability Law of the People’s. In order to balance the interests between Internet service providers and right holders, the legal positioning of «Notice-and-Takedown» rule should be clearly defined in the application of law, so as to correctly apply it as an exemption clause. At the same time, when Internet infringement cases occur, the «necessary measures» that Internet service providers should take should be properly determined according to the specific circumstances. Specifically, the application of the «Notice-and-Takedown» rule to the new network service can be solved by clarifying the disclaimer attribute of the «Notice-and-Takedown» rule, taking the «transfer notice» as an implementable necessary measure and requiring the new network service provider to disclose the information of specific developers when necessary.