Research On The Infringement Of Video Aggregation Platform

With The development of cloud storage technology and arrival of big data era,there are new Internet communication channels such as the platform information storage,network aggregation platform appeared,which leads to the change of network works and the propagation path significantly.The balance of interests between copyright holders,Internet service providers and public users has been broken,and whether the network serv ice providers have the responsibility to assume any responsibility,become a problem in front of the legislative and judicial organs.Network link technology is the core of the network.Aggregation platform came into being which is on the basis of network link.Aggregation platform technology close similar content together by deep linking technology to show to the network users in their own platform,which on the one hand is giving users convenient and fast Internet experience,on the other hand,infringing the legitimate rights and interests of the copyright owner or the right holder.In theory,there is a point of view that the deep link is just like the general link,just to link the web pages together,the depth of the link is not the dissemination of information network behavior,does not infringe the right of communicate works to the public over Information networks.Also the view that the deep links as a technical means there is no infringement or not,but the aggregation platform without the authorization of the right or license,with their own profit,showing the deep link technology without crawling right on the platform works to the user behavior,alleged violations of the right to network dissemination of information.Because the current law is not clear,so there are a large number of controversial cases in judicial practice.This paper takes the video aggregation platform as the research object,using the comparison method to distinguish polymerization and links;by using classification method to determine the attribute of video aggregation platform content provider,to analysis the theoretical issues of infringement imputation theory of the Right to Network Dissemination of Information through theory and case combination;to discusses the essence of infringement of video aggregation platform by using the general tort principle;through the analysis of the judicial problem under the server standard,the paper compares the similarities and differences between web snapshots,thumbnails,and video aggregation,and explains the necessity and possibility of introducing the substantial replacement standard,and puts forward suggestions of legal regulation of video aggregation platform,to balance the interests between the copyright,Internet service providers and Internet users,and promote the healthy development of the video industry.