Research On Legal Regulation Of Video Aggregation Service

In recent years,the rapid rise of the Internet has had a great impact on people’s production and life.Video has become an integral part of people’s daily life.With the rapid development of Internet technology,the transmission of video has changed from the competition of communication mode to the competition of content.The emergence of video aggregation service is the product of the contention between Internet technology and content.Its appearance has brought great challenges to the current law,and different opinions have emerged in the academic circles on its tort determination and behavior characterization.Judicial practice has also witnessed the application of different standards and laws to regulate judgments.The fundamental reason is that different subjects have different understandings of information network communication behavior,which results in the above differences.Based on the characteristics and operation mode of video aggregation service,this paper elaborates and analyses the video aggregation service from the aspects of Copyright Law,Anti-Unfair Competition Law,Creditor’s Rights Law and Criminal Law.Using the traditional legal methods such as normative analysis,comparative analysis,value analysis,logical analysis,qualitative analysis,law and economics research law,this paper discusses whether video aggregation service belongs to the behavior of information network dissemination,violates the standard of copyright recognition,the application of the principle of "non-public interest,non-interference",the application of the right of claim for return of unjust enrichment and the penalty.This paper makes an analysis and Discussion on the choice of the path to be convicted by law.The article is mainly divided into four parts:The first part is the introduction,which mainly includes the topic selection,the significance of the topic selection,the research status at home and abroad,research methods,research ideas and innovative points of this paper.The introduction mainly introduces the topics,current research situation at home and abroad,research methods,ideas and other issues,as the basis for the following elaboration.In the second part,it introduces the definition,characteristics and differentiation of video aggregation service from search engine service.The three operation modes of video aggregation service are general jump link mode,open deep link mode and technology crack deep link mode.Then,the legal relationship in video aggregation service is analyzed.Finally,the emergence of video aggregation service breaks the balance of interests of the industry and has a significant impact on the video industry.The third part is to analyze the regulation of copyright law of video aggregation service.Firstly,this paper introduces the criteria for identifying the infringement of copyright by video aggregation services,and then expounds and analyses the core issues such as the definition of "providing behavior",the legal status of video aggregation service providers,and the application of safe harbor rules.It puts forward that "providing behavior" is an act that provides the possibility for the public to access works through various channels and ways,and in each case.On the basis of the analysis of the advantages and disadvantages of the standard of tort determination,it is proposed that the standard of tort determination should be based on the way of viewing code writing,and the legal standard should be the supplementary standard of tort determination.Finally,the "piracy chain" behavior of video aggregation service is qualitative,and the tort liability of video aggregation service platform is analyzed.The fourth part,first of all,from the perspective of the Anti-Unfair Competition Law,elaborates the application of the principle of "non-public welfare necessary non-interference" on this issue,and analyzes the unfair competition responsibility of video aggregation services.Then,from the perspective of the Creditor’s Rights Law,this paper discusses the unjust enrichment attributes of the revenue of the operators of video aggregation services and the responsibility of the operators for the return of unjust enrichment.Finally,based on the Criminal Law,the criminal punishability of video aggregation service is analyzed,and the path of criminalization of video aggregation service is selected.The regulation and survival and development of video aggregation services need the common exploration and efforts of all sectors of society.It is believed that through the perfection of the regulation theory of video aggregation service,the adjustment and exploration of aggregation service operators and the continuous improvement of the copyright awareness of the main body of network video demand,China’s video copyright protection will achieve better results,the network video industry will also develop more steadily and benignly,and the dissemination and development of network culture will flourish more and more.