On The Legal Definition And Regulation Of Deep Link Behavior Of Video Aggregation Platform

With the development of the network technology,the rise of the video aggregation platform presents a great challenge to the legal protection of traditional copyright,which have caused the controversy of the interests among the party of setting link,the linked website and the copyright owner.And the identification of the legal nature of deep link in the judicial practice is widely divergent,which has been widely discussed by the academic,judicial and industry sectors.The current discussions on deep link mainly focus on whether the deep linking technology constitutes infringement of "information network transmission right",which analyze three kinds of infringement identification standards of "information network transmission right" : the server,user perception and actual presentation standard.In recent years,the major controversy of infringement identification is focused on server standard and actual presentation standard.This paper aims to trace the legislative background of "information network transmission right" to interpret the legislative intention of "information network transmission right",analyze the relevant laws and regulations of our country and define the "providing" behaviors that constitute information network transmission behaviors,so as to evaluate the relevant identification standards and then analyze how to regulate deep link behavior under the current legal system.This paper is divided into five chapters:In the first chapter,it puts forward the question through analyzing the case of "information network transmission right" of Tencent v.Yi Lian Weida,issued by the Beijing intellectual property court.We can see the two different kinds of demonstration ideas of whether deep link constitutes direct infringement of copyright,as well as the different understanding of the information network transmission behavior.We can also more directly understand the infringement dispute of the deep link technology and make a general description of the specific research ideas of the paper.In the second chapter,it deeply analyzes the connotation and technical characteristics of video aggregation platform and described the specific classification of the deep link technology.And then it analyzes the infringement judgment disputes of deep link technology in practice and the "information network transmission right" infringement judgment standards in practice.In the third chapter,it interprets the original legislative intention of "information network communication right" and learns about the historical and technical background of the law by tracing the legislative background of "information network communication right".At the same time,it analyzes the technical process of information transmission and interpret relevant laws and regulations of our country,so as to define the "providing" behavior that constitutes the information network transmission behavior.On this basis,it is proved that "server standard" is the standard that meets the legislative purpose.At last,we evaluate the user’s perception criteria and the actual presentation criteria.In the fourth chapter,it analyzes the relevant legislation and judicial practice of deep link technology in foreign countries.It mainly analyzes the relevant laws and regulations of the United States,European Union and Australia as well as some typical cases in these countries,and hopes to provide some reference for domestic juridical and academic circles.In the chapter five,it analyzes how to legally regulate deep link technology on the basis of the current legal system of our country.It first introduces the general idea of regulation and analyzes how to regulate under the condition of linking the infringing works and linking the legitimate works.And then it analyzes how to use the existing law to regulate the deep linking behavior under these circumstances,thereby maintaining the legal interests of the linked web sites.