Research On Copyright Infringement Of Mobile Aggregation Platform Service Providers

Mobile aggregation platform as a new type of business model on the mobile Internet,relying on the daily operation of the platform mobile aggregation platform service providers to set up link behavior to achieve scattered in the mobile Internet information content orientation,classification and ranking,depth integration Mass information content,to achieve one-stop access to mobile applications,so that greatly enhance the efficiency of information dissemination,by the majority of users at the same time;followed by all kinds of mobile aggregation platform with a large number of copyright disputes and infringement litigation,A network content service provider that focuses on the performance of information content on the one hand that the mobile aggregation platform service provider without its authorization,privately set the depth of its information content link behavior,whether the composition of the right to copy or information network Infringement;on the other hand mobile aggregation service providers set up links at the same time through technical means to shield out the information content display page advertising,comment and promotion and other additional information,whether constitutes unfair competition.In the framework of our current copyright law under the framework of the above has not been clearly defined,academics have not formed a unified understanding,resulting in different judicial decisions between the lack of uniform criteria.Therefore,how can the copyright infringement regulation of the mobile aggregation platform service provider be under the principle of technical neutrality,take into account the interests of all parties,regulate the existence of unreasonable behavior,and avoid excessive restrictions and promote the whole mobile Internet industry Development,worthy of our discussion.In addition to the introductory part of this article,including the following four parts:The first part is the mobile aggregation platform and mobile aggregation platform service provider to define the concept,and identify the network content providers and network service providers,the difference between the follow Discussing the conceptual support at the same time leads to copyright issues that may be involved in setting up link behavior by mobile aggregation platform service providers.The second part of the mobile aggregation platform for service providers to set up a different link to start a specific analysis,focusing on optimizing the transcoding form of the general link and the depth of the link set up whether the infringement identified.From the server standard,the user perceived standards and the actual presentation of three different standards of identification standards to start,advocated should be applicable to the server standard that the above acts do not constitute the right to copy and information network transmission rights infringement.The third part focuses on the mobile aggregation platform service provider to set the link behavior does not have the possibility of exemption and set the link process if there is intention to avoid or damage the technical measures behavior is clearly illegal,should be through the anti-unfair competition law to regulate the way.The fourth part is based on the first three parts of the conclusions on the basis of legislative,judicial and industry management from three levels of recommendations,coordination of the interests of all parties to promote mobile aggregation platform in the mobile Internet environment,healthy development.