The Qualitative Research Of Deep Linking Behavior

The academic circles have different views on the legal nature of "deep links",and the judgment standards are not the same in judicial practice.The judicial practice and the theoretical research influence each other,which leads to the conclusion that there is no agreement on this issue.This paper tries to find the reasonable regulation of "deep linking" behavior to establish a healthy environment conducive to the development of the Internet through the study of the basic concept of the deep link,the nature and composition of the behavior,the standard of judgment and the concept of "Right of Communication".First of all,we analyze the technical characteristics of "deep link" through the analysis of different links.In this paper,the research background of deep links and the research status at home and abroad are reviewed.It is found that the main controversy between the academia and the practitioners is whether the deep link belongs to the behavior of communication to the public through the information network or not.This paper analyzes whether the "deep link" constitutes the "initial communicate behavior " through analyzing the different standards of communication to the public through the information network.In the discussion of different standards,it is concluded that the "Server Standard" is a reasonable standard for the behavior of communication to the public through the information network,and the "deep link" behavior does not constitute that.Secondly,based on the theory of "communication source”,the public communication behavior can be divided into "initial communication" behavior and " two times communication" behavior.When discussing whether "deep link" is a " two times communication" behavior,some scholars draw on the research ideas of the relay behavior and the broadcasting behavior.However,this view is denied because of the lack of theoretical support.Let us draw the conclusion that the "deep link" does not belongs to "two times" behavior.Finally,according to the different types of infringement the “deep link” might involve,the reasonable regulation of the link setting behavior is made.To regulate the "deep link" behavior,we can use the Tort Liability Law and the Law against Unfair Competition.The prohibition of circumvention of technological measures in the Copyright Law can regulate those behaviors that cracking other sites and accordingly providing the "deep link",which helps to achieve the balance of interests.