Research On Copyright Tort Regulation Of Aggregation Platform

In an environment where network technology is becoming more mature and mobile networks are prevalent,aggregation platform services have become a huge source of business revenue.The aggregation platform mainly relies on deep link technology,which is not an emerging product.When the search engine integrates the search results with ordinary links,the deep link technology has appeared.However,the advancement of technology and the changes in the network service market have made the problem Caused a series of legal disputes.This paper analyzes the cases involving aggregation platforms in recent years,summarizes the causes of these disputes,and analyzes the legal problems caused by them,and puts forward some reasonable suggestions.This article is divided into four parts.The first part introduces the definition of the aggregation platform,the main technology,the operation mode and the status quo of legal regulation.The second part analyzes the cases involving the aggregation platform in recent years,summarizes several referee paths and different disputes caused by judicial practice.It summarizes several emerging features of the aggregation platform,and the current law on the information network.The narrow scope of communication rights regulation is the main cause of controversy.The third part expounds the major legal issues caused by the current law’s narrow regulation of information network communication rights.It is mainly impossible to balance the interests of all parties.The applicable boundaries between the Copyright Law and the Anti-Unfair Competition Law are unclear.The proof of the infringement facts is too high.Based on the analysis of the previous sections,the fourth part proposes several major suggestions for solving the controversy caused by the aggregation platform.Through careful analysis of each link of the aggregation behavior and the current legislative state,this paper proposes to expand the connotation of the information network communication right,and incorporate the “display” link into the control scope of the information network communication right,but in order to promote technology and market development,Transcoding on small-sized devices should be excluded from the control,and such behavior itself will not cause too much damage to the relevant service providers;as for the "display" link in the aggregation behavior does not achieve the effect of replacing the source content,only If the relevant consumers are confused,they shall be subject to the Anti-Unfair Competition Law;on the basis of determining the infringement standards,the distribution of the burden of proof of the infringing party and the respondent shall be rationalized and clarified,so as to properly solve the problem.Infringement disputes caused by aggregation behavior.