The principle of technology neutrality and its application limitations a review of Sohu matlab 等高线�

The principle of technology neutrality and restriction of Sohu in the context of the current review China, "technology neutrality" principle has two meanings, one is referred to as "non discrimination" principle, namely the government in the formulation of rules or standards, deal with all kinds of technology of equal treatment, given various techniques to other opportunities for fair competition; a meaning is to refer to the American intellectual property law "substantial non infringing uses" rule. In the current case of "Nora", the principle of "technology neutrality" proposed by the accused and the defender refers to the latter meaning. To understand whether the defendant can be based on the principle of "technology neutrality", we should first understand the meaning and application conditions. The so-called "rule of substantive non infringement" is actually a duty of defense. Tort law in the United States, knowingly or should be aware of other people’s conduct of tort and help people have to bear tort liability. If some items can be used for legitimate purposes, can also be used for infringing use, then, not only because such items may be used for purposes of presumption of infringement of others providers "should know" infringement, but can not justify the help is required to take responsibility or vicarious liability, which is the "substantial non use" the meaning of the rules of tort. The rule was raised in the 1984 Supreme Court of the United States in the case of the SONY in the case of copyright infringement, but the rules were derived from the patent law. "Substantial non infringing uses" rules to help limit the liability of tort in a reasonable range, in the protection of the interests of intellectual property rights at the same time, so as not to hinder the progress of technology, but this does not mean that as long as the goods or technology provider to prove the existence of a goods or technology legal purposes, can claim exemption. Because, for almost any item or technology, we can think of it as a legitimate use. If the rules of "substantive non tort" can be applied without restriction, the rules of liability for tort will be completely negated. As a matter of fact, since the rule of "substantive non tort" has been produced, it has been applied to a series of cases of the Supreme Court of the United states. First of all, "substantial non infringing uses" rule is used to deny to others "should know" implementation infringement concluded, therefore, if there is evidence to prove that the defendant is aware of the fact, for infringement on others so there is no space for substantial non infringing uses "rules. Secondly, if the defendant is not simply to provide something to others, but take the initiative to induce and encourage the promotion or imply that the goods can be used for some illegal infringement, uses, so, the defendant also no qualifications to provide goods still have certain legal purposes by claim exemption. Third, the supplier’s ability to find and prevent the implementation of other acts of infringement is the key to whether the exemption. If there is a certain kind of potential illegal, infringing use of a certain kind of goods, a threat to the interests of others, and the supplier of goods can take some measures相关的主题文章: