The Research On Legal Responsibilities Of Network Aggregational Service Providers

Network aggregational service providers has recently attracted public attention. "Toutiao.com", who is known as the advertising "No production news, only news porter", get huge financing. They are trapped in copyright infringement dispute, then they are investigated by NCAC and confirmed infringement. "Toutiao.com" is told to make correction for deadline. In view of the current situation, network aggregational services include "toutiao.com" as the representative of the news aggregation service, the "bilibili" as the representative of the video aggregation service and "baidu music" as the representative to download aggregation service. Since they have similar behavioral characteristics and the same technical characteristics, this paper will research on them together. Network aggregation services mainly use deep linking technology, but existing laws and regulations don’t specify its properties, which mainly regulated by the "Information Network Transmission Right" in Copyright Law.In practice, its legal properties are under controversial for a long time. This paper intends to analyze the behavior of features and technical characteristics of the network aggregation service, so as to analyze its service provider liability. When talking about its legal responsibilities, this paper considers that the network aggregation service providers can not be exempted from liability, copyright infringement suit both parties eligibility. It is in violation of the law, and has a certain subjective fault, which has a causal relationship with violation of the rights of copyright holders. So it is a violation of the rights of copyright holders. Since it uses deep linking technology, it is not a direct infringement.To solve the above problem, this paper make some legislative conception in Copyright Law. While in the present stage, we can apply the general provisions of the Anti-Unfair Competition Law to regulate the network service provider’s behavior, who constitutes unfair competition for copyright holders. This paper view that, it is better to deepen cooperation with copyright holders then blind competition, coordination of mutual interest and develop together.