Research On The Legal Nature Of IPTV Look Back Service

As a product of information industry convergence,triple play has crossed telecommunication network,computer network and cable TV network,which has blurred the originally well-defined areas and brought about relevant legal issues while providing more services for the public.Just as the legal nature of IPTV(interactive network television)lookback service described in this paper,as a product of the integration of the three networks,the debate on the legal nature of IPTV lookback service has never stopped in the field of judicial practice and theory.Therefore,this paper will start from the existing theory and practice of the controversial points,combined with legal norms,adjudication cases and technical principles,study and discuss how to identify the legal nature of IPTV look back service.The first chapter is the introduction,which mainly introduces the research background and domestic research status of IPTV look back service.The second chapter mainly introduces the technical principle of IPTV look back service and its relationship with the judgment of legal nature.Because the different views on the technical issues in theory and practice is one of the reasons for the controversy on the legal nature of IPTV look back service,it is necessary to discuss the technical issues such as the system composition and operation process of IPTV look back service,and analyze which technical features are classified under the right of broadcasting and which are classified under the right of information network communication,so as to discuss the legal nature of IPTV look back service in the future to pave the way for the technical problems involved.The third chapter discusses whether the legal nature of IPTV lookback service belongs to the right of broadcasting.Combined with legal norms,adjudication cases and technical principles,this paper takes the subject of broadcasting right and the behavior contained in broadcasting right as the starting point.It is found that IPTV lookback service can not be regarded as rebroadcast behavior,but can be regarded as rebroadcast behavior in some cases,and can not be simply classified as information network transmission right because of the increase of transmission mode or the progress of technology.The fourth chapter discusses whether the legal nature of IPTV look back service can be attributed to the right of information network communication.From both positive and negative aspects,the positive analysis finds that the "interactive features" of IPTV look back service have different understandings in practice,and look back works are likely to be continuously used by the public.The side study found that only relying on technology and industrial policy is not enough to support the judgment of its legal nature.Based on the above analysis,the fifth chapter concludes that IPTV lookback service belongs to broadcasting right and information network communication right.Based on this,this paper puts forward the legal problems and views that are inevitably caused by the unclear legal nature of IPTV look back service.For example,whether the national industrial policy should be considered in the judgment of the right attribute at the present stage;how the court should deal with the wrong ownership claim.In order to find solutions to the legal problems faced by IPTV look back service.