Publications
- Publications
- Application of the “Notice and Takedown Rule” to New Types of Network Service Providers: An Analysis of the Wechat Mini Programs Case
Application of the “Notice and Takedown Rule” to New Types of Network Service Providers: An Analysis of the Wechat Mini Programs Case
NUS Law Working Paper No. 2022/004
NUS Centre for Technology, Robotics, Artificial Intelligence & the Law Working Paper 22/01
The issue of liabilities for copyright infringement of new types of network service providers has become an important legal issue in the context of development of the Internet. In particular, the widely discussed WeChat Mini Programs case in China focuses on whether the WeChat Mini Programs platform constituted an “automatic network access or transmission service provider”, and whether it was subject to the “notice and takedown” obligation. Based on China’s legal provisions and drawing on the relevant U.S. regulations and cases, the WeChat Mini Programs platform should not be simply classified as a “network automatic access (transmission) service provider”, and the relationship between China’s Tort Law and the Information Networks Regulation should be carefully analyzed based on the specific circumstances.