Study On The Nature And Regulation Of Deep Links Under The Copyright Law

As a new form of link that has been widely used in recent years,deep links bring a series of problems,especially the nature of copyright and how to regulate it,while facilitating users' information retrieval and work acquisition.As for the nature of deep links under copyright law,there are two main conclusions in theory and practice:the theory of "act of network service" and the theory of "act of making works available".Researchers who hold the view of "act of network service"believe that,because the current relevant laws and regulations in China have clearly identified "links" as network service behavior and have not distinguished the specific form of "links" in legislation,and deep links belong to a form of "links",so they should be identified as network service behavior.However,the researchers who hold the theory of "act of making works available" believe that deep links as network service behavior will harm the interests of copyright owners and websites chained.At the same time,the current regulations about criteria for determining the act of making works available in our country are no longer in line with the current social needs,This provision is amended to adapt to the current social environment,and deep links can also constitute the act of making works available.As for the regulation of deep links under copyright law,it corresponds to the two viewpoints of "network Service Act theory" and "work providing act theory",there are also two modes of regulation:direct copyright infringement and indirect copyright infringement.Under these two regulation modes,how to exert the positive role of deep links in the dissemination of works,reduce the damage to the interests of copyright owners and websites chained,and maintain the balance of interests among users,authors and disseminators of works is also a problem that needs to be seriously discussed.Based on the analysis of relevant international treaties,existing laws and regulations,and considering the characteristics of deep links and considering the specific role of deep links in practice,this paper holds that deep links belong to a kind of the act of network service in nature,and that for the regulation of deep links,deep links should be regulated by copyright indirect infringement system.At the same time,we should improve the relevant provisions of the current law on prohibiting evasion of technical measures,in order to reduce the cost of protecting the interests of the injured parties through technical measures,and balance the interests of all parties.