Legal Regulation Of Deep Link In Video Aggregation Platform

With the development of network technology,a variety of new business models have been derived,and video aggregation platform can obtain website works in a one-stop manner.Concrete to be the work of deep links to video web sites,and then editing and typesetting work link,to enhance the user experience,users can click the link that free downloads of appreciation,even cut in high-profile film and television content,this allows us to one-stop shop to watch the related video works,but at the same time also led to a copyright owner,conflicts of interest between chain and chain site.The academic circle has launched a heated debate on the issue of whether the chain setting behavior infringes the right of information network transmission.At the same time,there are also different standards for the identification of infringement in judicial practice,which are user perception standards,server standards and substantive presentation standards.Based on the investigation,analyzes the legislative background of information network transmission right,legislative intent and regulation based on purpose,as implied in elements of constitute the spread of the spread of the source of the request,deep linking behavior merely provides access to the different path of video works,did not form is different from the new source for the spread of the initial transmission source,thus the deep linking behavior is not infringing the right of information network transmission.In view of the loss caused by the deep link behavior to the chained website and copyright owner,this paper analyzes how to regulate the deep link behavior under the existing legal framework on the premise that the deep link behavior does not directly infringe the information network dissemination right.Firstly,at the level of litigation procedure,different subjects should bear different burden of proof to adjust the interests between the obligee and the platform;secondly,according to the theory of indirect infringement,the aggregation platform linked to infringing works is regulated;finally,through the theory of technical protection measures,general tort liability in tort law and anti unfair competition law,the legal works linked are regulated.Specifically,if the platform does not obtain the permission of the obligee to link to the works that have taken technical protection measures,the provisions of the protection technology measures in the copyright law can be applied to regulate the chain setting behavior;whether the chain setting behavior meets the subjective and objective elements of infringement of the interests of the obligee is analyzed and determined,so as to regulate the deep link behavior according to the tort liability law;finally,for the aggregation platform,the broadcast of We can regulate the behaviors that disturb the order of fair competition,such as hiding the right management information of video source in the process of linking works,removing advertisements set up in the works of chained websites,etc.