| With the improvement of science and technology,the modes of transmission of video resources become more and more diversified,among which hotlinking behavior of film and television aggregation platform is one of the emerging modes of transmission.But hotlinking behavior is not legal,it infringes the right of the oblige,and there is no specific provision hotlinking behavior in Chinese legislation.In Judicial practice,there are several mainstream standards,but there is no uniform identification standard,and there are limitations.When the court tries the disputes caused by hotlinking behavior,different Judgment results and regulation approaches are generated according to different qualitative standards,which makes the Judgment of such cases too flexible and easy to cause miscarriages of Justice.If hotlinking behavior can not be contained,it will make the legitimate rights and interests of the right holders can not be protected,and even affect the stable development of the entire video industry,destroy the market order.In order to solve the above problems,this paper is committed to studying the legal regulation of hotlinking behavior on the aggregation platform,trying to put forward suggestions with theoretical value and practical feasibility through the research,in the hope of helping to remedy the legal loopholes and promote the improvement of the Copyright Law.First of all,by distinguishing hotlinking behavior from other links and studying the influence of aggregate hotlinking behavior,this paper concludes that it is necessary to regulate hotlinking behavior,so as to conduct a better in-depth study on the regulation of hotlinking behavior.Secondly,the research starts from the legislative and judicial difficulties in the regulation of hotlinking behavior on the film and television aggregation platform.Thirdly,this paper analyzes the causes of the regulation dilemma of hotlinking behavior from three aspects: First,there is a lack of clear provisions on hotlinking behavior in Chinese legislation;Second,although several mainstream standards such as server standard,user perception standard and substantive substitution standard have been put forward in judicial practice,there is no uniform identification standard,and judges will produce different judgment results in the trial.Third,the public misread the technical rationale for hotlinking behavior.Finally,based on the legislative and judicial levels,this paper puts forward some suggestions on the regulation of hotlinking behavior: at the legislative level,it should be regulated by the Copyright Law;On the judicial level,hotlinking behavior should be defined as a direct infringement on the right of information network communication to regulate by the standard of subsequent provision. |
