Research On The Problem Of Network Deep Linking From The Perspective Of Anti-Unfair Competition Law

In the Internet era,links can be seen everywhere and play a significant role.It has the function of helping network users to locate information accurately.Deep linking is one of the types of linking techniques,but it is quite different from normal linking.At present,deep links are widely used by Internet operators in video websites,music platforms,novel websites and all kinds of aggregation platforms.The main difference between deep links and ordinary links is that: after the link setters set up a deep link,can be in the link setters own website to present the page content of the link,and bypassed the link site home page.This behavior confuses the source of the content and makes network users mistakenly believe that the linked content is provided by the linked website.Link setters through the depth of the link to the way that the site is linked to reduce the amount of traffic,intercepted the traffic of the linked site.The business model of "providing works + traffic revenue for free" of linked websites has also been severely attacked,and it is facing the risk of losing a lot of advertising revenue brought by traffic.Deep linking behavior involves not only the interests of the link setters and the linked websites,but also damages the interests of copyright owners,network users and the market competition order.Therefore,in this paper,by introducing the network link types,depth,behavior characteristics and its involving multiple legal interests,analysis of the typical cases in judicial practice at home and abroad after the referee thought that currently exist in the judicial practice rely on copyright law protection benefit when making a deep linking behavior is not comprehensive,the standard not unified,inappropriate question PanPei rules,without being applicable criminal law sanctions possible deviation within tolerance sex in asking questions.In view of the above problems,this paper argues that Anti-unfair competition law regulation depth link has its adaptability,and demonstrates from the following three aspects :(1)deep link behavior infringes upon multiple legal interests;(2)deep linking is a behavior that disturbs the competitive order of network platforms;(3)the deep link behavior violates the commercial principle of honesty,and the competition behavior isillegitimate in the sense of anti-unfair competition law.Therefore,this paper proposes different ways to apply anti-unfair competition law regulation depth link.Firstly,it can apply the general provisions to regulate,and proposes the "free-rider" judgment rule to determine the limitation of the general provisions according to the limitations of the general provisions.Second,the regulation of deep link behavior can be listed in the newly revised Internet clauses.