The Criminal Law Regulation Of Deep Link Behavior

Deep link,as a kind of link service,enables website visitors to read or watch others' works online for free on the website with deep link through the Internet,which may damage the legitimate rights and interests of copyright owners and requires regulation by law.But there are many disputes about whether the deep link infringes the right,whether it should be criminalized and how to criminalize it.On the basis of grasping the concept,type and characteristics of deep link,this paper proposes that the deep link behavior should be determined according to the server standard,which generally does not directly infringe copyright,but constitutes indirect infringement when certain conditions are met.And through the deep link behavior incrimination theory dispute research,combined with the judicial practice case combing summary,leads to the thinking whether deep link should be incriminated and how to regulate.This paper holds that because the deep link may seriously damage the social order and the civil regulation means has the limitation,therefore should be classified into the criminal punishment category.Finally,through the concrete analysis of the three criminal paths of "solely constituting the crime of copyright infringement","constituting the accomplice of copyright crime" and "constituting the crime of helping information network crime",the conclusion is drawn that deep link should be identified as the crime of helping information network crime.