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随着视频分享网站的发展,各大视频网站也面临着越来越多的著作权诉讼,而诉讼的结果普遍是以视频分享网站败诉告终,现状不容乐观。虽然我国《信息网络传播权保护条例》(以下简称《条例》)等已有相关规定,网络服务提供商在符合一定条件时可以享有“避风港”的免责保护,但纵观我国各级法院的判决,视频分享网站作为网络服务提供商的一种,似乎总是未能得到避风港原则的庇护,这给广大的视频分享网站带来了巨大的打击。本课题拟就视频分享网站(限内容由用户上传,纯粹作为信息存储服务提供商的视频
With the development of video sharing websites, major video websites are also facing more and more copyright lawsuits. The result of the lawsuits is that the video sharing websites are generally unsuccessful and the status quo is not optimistic. Although the “Regulations on the Protection of the Right to Propagation of Information Network” (hereinafter referred to as the “Regulations”) have been stipulated in our country, the network service providers may enjoy the exemption protection of “safe haven” when certain conditions are met. However, As a kind of network service provider, it seems that the video sharing website always fails to get the shelter of the principle of safe haven, which has brought a huge blow to the vast video sharing website. The subject to be video sharing sites (limited content uploaded by users, purely as information storage service provider’s video