The Determination Of Deep Linking Behavior

The disagreements around the nature of deep linking infringement existing among the copyright theory researches have led to discrepancy of judgements in judicial practices and influenced the effect of the implementation of relevant regulations.This dissertation compared four cases that respectively referred to the user-awareness standard,server standard,substantial display standard as well as integration of user-awareness standard and server standard to dissect the legitimacy and distinctions of applying each of above four standards into judicial judgements,and concluded that the server standard bear a stronger compliance with the original intention of legislation while the Technology Neutrality Principle is able to balance the relationship between obliges,service providers and users.Under certain circumstances,obliges may also seek for compensation of their losses based on the contractual stipulations or the fundamental clauses of the “Law of the People's Republic of China for Countering Unfair Competition”.In addition,we believe that given current practices have shown inclination to the server standard,trials should regard the burden of proof and the identification of evidences as key points.More objective judgements towards corresponding behaviors can be made by the comprehensive examination on the evidences provided by the two parties and the appropriate allocation of the burden of proof.