Abstract:

As the exemption clauses of the tort liability of the network service providers, the safe haven rules play an important role in balancing the interests of network service providers and  copyright owners, However, in judicial practice, there exists the legal issues such as how to correctly understand the legal nature of the rules, how to distinguish the “knowing” or “should know” of the safe haven rules, whether internet service providers have the obligations of review, and how to understand the notification of removal of programs This paper will analyze these issues with the aid of the interpretation of legal norms and judicial review application

Key words: safe haven, knowing should know, notification of removal of programs, review obligations