| In recent years,aggregation platforms and aggregating methods have gradually replaced the traditional means of resource integration,becoming the most important way of information dissemination on Internet.The data mining and deep linking technologies commonly used by aggregation platforms have also caused a great impact on the spreading of copyrighted works.Deep linking under aggregation platforms become quite controversial in the legal nature,both in the scale of copyright law and competition law.And with the rapid innovation in linking technology,deep linking is becoming even more complex,integrated and unconspicuous,making the judgment of infringement under specific circumstances uniformed,and the application of different judging standard infeasible.This thesis aims to sort out the legal nature of aggregators’ deep linking,and explore the infringement judging method of deep linking on aggregation platforms by combining the connotation of linking technology and actual cases.Firstly,by sorting and analyzing the existing technology and platform model,preliminarily identify the legal nature of typical form of deep linking.Then by sorting out the regulations and judicial judgments,focusing on the main issues of legal regulation of deep linking on aggregation platforms,compare and analyze the relevant judicial practices in the United States,the European Union and its member states.Finally,summarize the general logical sequence of the infringement determination of deep linking on aggregation platforms in terms of the decomposition and analysis of the existing infringement determination standards,under the categories of copyright law and competition law. |
