The Regulation Of Deep Linking Behavior By Copyright Law

In the development of Internet information, Network link services play an important role in the process, they help users find useful information quickly, greatly improving the efficiency of information transmission. At the beginning of the network copyright protection, search, link website, platform were labeled "Internet service providers" and "safe haven" label,being seen not to provide content directly and do not belong to the behavior of communication information through network,based on "technical neutral" "substantial non-infringement purpose" and "server standard". Based on the theory that proprietary rights should control certain behaviors, thus the search, link service providers cannot constitute a direct infringement to the right holder of the right of communication information through network. In theory, indirect infringement is the premise of the existence of the direct infringement and indirect infringement subjectively intentional, objectively to the harm of the infringement results played the expansion and extension.Along with the development of Internet technology, more and more network link, from common links to deep links, from the web to mobile client, the content of "deep linking banner aggregation service platform more and more, in addition to the well-known embedded links, download links, in depth, also appeared in the cloud video technology, framed link, transcoding technology, represented by the WAP search" link "service. Such as Baidu links to download music box depth, Netease video framed link nested video playback third party sites, "today’s headline" link to the traditional media transcoding writing optimization with fast seeding pattern of complaints and aggregation platform directional search etc, based on deep links in traditional Internet and mobile Internet services of common infringement disputes. Information network transmission right protection regulations in China and many foreign academic views, academia and the judiciary in the deep linking behavior of infringement determination for the standard of "server" and "standard" users perception of understanding is differ, the network service provider to distinguish the controversial, is larger for a direct or indirect infringing copyright dispute, inaccurate definition of information network propagation behavior sentences for related cases in the judicial practice standards more chaos.Cloud computing era of the new technical support, will control server, or in the works are stored on the server has been lost to determine the practical significance of the network service providers tort; To the user, set deep links site than have the web site to provide content directly and spread more works, therefore attracts more users and flow, obtained the substantial business interests in it. At the same time is not to be one size fits all think that claims to provide search, links, sites, platforms, the client must provide positioning is the highest law in the judicial interpretation of information, links, search the web service, and profound interpretation should be network information dissemination behavior definition, standard definition of "offer" behavior; The depth of the substance present work content link behavior should be regarded as direct the behavior of the infringement of copyright.