Research On Unfair Competition Regulation Of Deep Links

Network links are the basis of Internet information interaction and can effectively help resource positioning in the network market.It is not uncommon to use deep linking technology to steal the content of other websites.After the deep link is set up,the user can directly obtain the content on the chained website without leaving the chained website,which causes the chained website to suffer loss of profits and cause disputes.Through combing through typical cases,it is found that in judicial practice,different judgments of the similar cases frequently occur.There is selective application of copyright law,criminal law,and anti-unfair competition law in litigation by the parties and judges.In addition,due to the rapid iteration of the Internet,the relevant evidence is difficult to fix,the judges rely on the discretion of the trial,and the amount of compensation is generally low.Through comparative analysis,it can be clarified that the Anti-Unfair Competition Law has a reasonable basis for regulating deep links,but there are obstacles in its application.First,there are two ways of determining the court when hearing unfair competition cases.Second,the general provisions of the AntiUnfair Competition Law and the Internet special provisions cannot effectively protect the behavior of deep linking.Third,in the part of legal liability,due to the low cost of infringement,the evidence is difficult to fix,and the existing method of liability is difficult to make up for the loss of the chained person.In response to the above-mentioned problems,suggestions are made on the regulation of deep link paths in our country's Anti-Unfair Competition Law.First,choose the idea of balancing interests to identify unfair competition behavior.Deep linking not only directly infringes the interests of the chained party,but also detracts from the interests of consumers and disrupts the order of market competition.The interests of multiple parties should be considered comprehensively,and interests should be safeguarded as much as possible balance.Secondly,in the face of the deficiencies of the general terms and the restrictions of the Internet terms,it is feasible to add a separate clause to regulate deep links to avoid legal uncertainty.Thirdly,clarify the compensation rules for unfair competition of deep links and delineate compensation the scope,unified compensation rules,refinement of discretionary compensation standards,and the introduction of a punitive compensation system accompanied by a pre-litigation injunction system.As a result,this will increase the intensity of punishment,the cost of infringement,and realize the preventive and punitive effects of the law.