| The birth of Internet produces tremendous changes of news communication.News aggregation platform has a place in news information market with its advantages.But it doesn’t provide news content and replace with offering internet linking technology to grab news content from other news providers to attract customers.News aggregation supported by deep linking makes people quickly get their interesting information and makes the news unprecedentedly shared.However,this news aggregation behaviors raises dissatisfaction of news information providers,and the number of infringe litigations concerning news aggregation and deep linking is increasing accordingly.Augments on the legal nature of deep linking in judicial practice led to different standards of judicial judgment for those cases.And except the different standards about this issue,the difference of time and region and the trial level are the reason for judicial decisions which have certain contradiction and confliction.Most of views among the existing arguments in academic world,are researched from the perspective of legal nature of behavior of linking,and those views ignore the perspective of the importance of the freedom of news communication and the Public’s Right to Know.In author’s opinions,those discussions,which focus on linking behaviors and ignore change of social interest pattern,cannot effectively balance the conflicts between needs of news aggregation at sociality and protection of copyright owners.On the deep link problem of news aggregation,the nature of this kind of dispute is the imbalance of interests between the new profit-making model and traditional profit-making model.News aggregation,as a product of post public communication,which produced is based on demand of the era has great significance on people life and economic value.Deep linkink technology,being one of the most important technology for servicing the news aggregation platform,plays an irreplaceable role in realizing the news aggregation and the freedom of news.However,the deep linking technology and behavior in news aggregation do not directly violate the existing laws and regulations,and they do not necessarily infringe upon the legitimate rights of copyright owners.Therefore,for news aggregation and deep link technology,the law should be based on its practical needs and support for new technologies,providing legal support is justified,not an increasingly severe legal regulation.Protecting copyright is the main purpose of Copyright Law,but freedom of news communication is ways and methods to realize the aim of protecting copyright,so facing the conflict concerning protecting copyright and freedom of news communication,the value of freedom of the news communication cannot be ignore.Under the situation that traditional news communication mode and the interest balance pattern have been broken,it is an urgent issue that needs resolving.When the conflicts of interests of different subjects are difficult to reconcile,freedom of news communication,which is the fundamental interest of the majority of people,should be protected.From the perspective of the freedom of news communication,this dissertation analyzes technology supportability of deep links,and researches on the influence that deep links affects the Copyright Law of the PRC and Law for Countering Unfair Competition of the PRC by beginning with analyzing issues occurring in judicial practice and academic research.And this dissertation refers to case referee theory and thinking of foreign countries.At the end,it makes a better suggestion to solve legal disputes on news aggregation and deep links. |
