Research On Legal Regulation Of Deep Link Of Video Aggregation Service In China

Video aggregation service not only provides users with "one-stop" Internet experience,but also promotes the realization of information sharing and information dissemination value in the era of big data.However,the practice of borrowing and stealing other people’s works through deep links leads to endless disputes,and this new business model of video aggregation service once fell into the whirlpool of disputes.China’s laws do not specify how to regulate the deep links of video aggregation services.At present,the regulation of deep links of video aggregation services is mainly based on the Copyright Law and the Anti-Unfair Competition Law.From the current situation of regulation of deep links of video aggregation services,there is still controversy about the definition of providing behavior in the right of information network communication under the copyright law.The standard of direct infringement identification is not clear enough,and there are cases where courts make different judgments on similar cases.Due to the characteristics of the network environment,it is difficult for the plaintiff to give evidence.In addition,it depends on technical protection measures.Under the anti-unfair competition law,there are some problems,such as vague moral standards in general terms and low correlation between Internet terms and deep links of video aggregation services.It is clear that the deep links of video aggregation services are centered on "the dissemination interests of works",and the application of anti-unfair competition law to regulate them is suspected of excessive involvement in intellectual property protection.Based on the experience and enlightenment of overseas deep link regulation,it is necessary to clarify the problems that should be paid attention to in the deep link regulation of video aggregation service;By comparing the factors of multi-interest protection,responsibility mechanism and legislative purpose,it is found that it is more appropriate to regulate under the framework of copyright law.Although there are unresolved problems under the copyright law,this is not the reason to prevent the application of the Copyright Law.Our understanding of the act of providing should no longer be limited to the premise of physically owning the original works or copies of works.It is necessary to expand the interpretation of the right of information network dissemination,and take the demand of judicial practice of copyright infringement disputes as the normative goal of defining the standard of direct infringement.Indirect provision theory can be used as the standard of direct infringement.In order to fill the legislative deficiency of copyright law regulation of deep links of video aggregation services,and then realize effective regulation of deep links of video aggregation services,and solve the pain points of plaintiff’s proof and evidence identification by block-chain to help deposit certificates and people with specialized knowledge to participate in court trials.