Deep-link Behavior And Copyright Infringement

The computer network technology, which has developed since the fifties of last century, is impacting and changing people's lives extensively and far-reaching now. According to the result of Internet Development Statistics survey of China in January 2011, Chinese netizens have reached 457 million by December 2010, the average time online is 18.3 hours per week, and the Internet is still developing stably and prosperously. The link technology, which is the "Internet links" and "one of the fundamental characteristics of the Internet", has been developing unprecedentedly. Especially, the emergence of the deep link technique provides a great convenience for the search of information and dissemination of the works.The most influential website is not Sohu or Sina, but Baidu in China; The hot issues of the tort cases of computer, is not the dispute of the domain name or the identification of roguish software, but the relevant cases on network links and search engines. Deep Link technology brings us convenience, it also brings increased infringement cases of network copyright year by year. The law has not clearly defined criteria on infringement of deep link in China now, so there is much controversy both in legal practice and in the field of academia: whether identifies the provision of services of deep linking as a direct infringement by user standard, or identifies it as an indirect infringement by server standard , which consider it as a direct infringement only when the providers "know and should know" the third party sites is infringed according to the "joint infringement" liability by the 23td provisions of "Information Network Transmission Right Protection Ordinance".Differentiating direct infringement and indirect infringement is the Premise of inquisition tort liability of deep-link search engine. It is also the focus of this paper.There four Parts in this Paper besides the introduetion and the conclusion. PartⅠbriefly introduce Deep Link technology. PartⅡand PartⅡis the key point of this paper.In partⅡ, comparative analysis of two major cases leads to deep link the two criteria of copyright infringement which caused by the infringement of different ways.In PartⅡ, analysis of the root of difference - the definition of information network propagating right.PartⅣtells out our laws,and according to the status I tell my ideas:regulating the scope of the network service provides;making the indirect infringement into the law;the improvement of the Information Network Transmission Right;the technical measures.They aim to the steady and quick development.The network can obtain the quick development steadily.