Study on the Liability of Right Holders for Damages for Wrongful Notification

Abstract

The right holder used the “notify-delete” rule to send a wrong notification, causing the platform to take measures such as “deleting”, “taking down” and “restricting” the right of the notified person's product link and “restriction of rights”, causing losses to the notified person. The loss includes not only the direct property suffered by the notified person due to the downgrading of the link, but also the indirect loss of the store’s expected income, reputation, evaluation, etc. after the link was downgraded. Therefore, after clarifying the identification criteria and harms of wrongful notification, the contents, exclusion factors, calculation order and calculation methods that should be included in wrongful notification damages can be explored from multiple perspectives, such as di-夏慎信