| In recent years,the cases involving deep web links are rising year by year in our country,the deep linking behavior law qualitative is a legal problem of unsolved for a long time in our country,which produces such as user perception standard,material substitution and so on a series of qualitative criteria,these issues are still confused with the judicial practice in our country,so a clear deep links,the legal nature of balance the interests of the main body is the problem to be solved.Performance characteristics of deep links determines the behavior associated with the behavior of communication information through network relations,first from the perspective of information network transmission technology of information network dissemination form,by comparing with deep link behavior,compared the similarities and differences of both,can better realize the deep link behavior the legal nature,only accurate qualitative and actions of the deep links to apply relevant laws to regulate.Then,it finds out the defects and deficiencies of these qualitative standards from different deep-link behavior qualitative standards in China’s judicial practice.The "user perception standard" lays too much emphasis on subjective feelings and is not recognized,while the "substantive substitution standard" sticks to objective effects,which also cannot stand the test of judicial practice.And then discusses the standard of "server" as deep link behavior qualitatively on the basis of the rationality of the standard of "server" is our country the present judicial practice,the qualitative standard of the universal,it makes deep link behavior is not considered to be information network propagation behavior,which not only conforms to the legislative purpose of copyright law in our country,nor for the legitimate rights and interests of the copyright owner seriously injured.Although the behavior of deep link does not infringe on the exclusive right of information network transmission,the copyright owner can still find out the relevant provisions in China’s Copyright Law to remedy his legal rights and interests.Finally mainly in deep links in the behavior after the nature of the tort liability for the actions were analyzed,and how deep links in practice usually should implement two behavior to achieve objective: destruction is the technology,the second is to implement deep links,and the destruction of the technology is under the copyright law of our country law concerning the limit of terms relating to destroy the technical measures.In addition,the principle of joint tort liability is also a regulation method of deep link behavior,which can well sort out the regulation path of deep link behavior.The controversy of deep link behavior is mainly reflected in whether it constitutes the behavior of information network communication.If the behavior constitutes the behavior of information network communication,it will be a direct infringement of the right of information network communication,and the rights and interests of copyright owners will be more directly and effectively protected.In this paper,on the basis of the standard of "server",from the perspective of information network transmission technology,expounds the deep links the controversial behavior,combining case analysis the rationality and legitimacy,the standard of "server" and copyright legislation purpose "to encourage the creation and dissemination of works" the Angle further evidence using standard "server" can better achieve a balance of interests.Is discussed by means of combining with the judicial practice in our country the deep linking behavior way of judgement,can better realize the deep linking behavior the legal nature,clarify the obligee’s rights relief way,thereby objectively to deep linking behavior regulation effect,the corresponding law applicable to the right of communication information through network trouble can also get along with all the breakthrough. |
