| In this paper, through analyzed the global literature and cases, also by comparative analyzed domestic and foreign academic achievements and judicial experience, then the author has found the behavior of search type of news aggregator apps setting framed link had controversial in the related issues in copyright infringement. By analyzed the two conditions of settings the “framed link” made by search type of news aggregator apps if it involving the infringement of the copyright interests and unfair competition, and then gives the suggestions of regulations about the infringement refer to technology, justice, legislation and the industry. I hope this paper could help the research of the copyright problems and the dealing with judicial dispute point.The thesis is made up by four chapters: The first chapter focuses on analyzing the research background, research significance, literature review, research ideas and research methods.The second chapter defines the behavior carrier, behavioral agent, and behavioral pattern of news aggregator apps searching behavior, and illustrates the behavior carrier is search type of news aggregator apps and the behavioral agent is the ISP not the ICP; the behavioral patterns are the action of “list of results” and “deep link”; Finally, it defines the core behavior of this paper as “framed link”.The third chapter, by analyzed the infringement of search type of news aggregator apps setting framed link, discusses the behavior whether infringe the author’s copyright, which the type of the right had been infringed, which infringement determination standard to choose, and the type of infringements.The fourth chapter,by analyzed the infringement to non-copyright interests(unfair competition) from search type of news aggregator apps setting framed link, discuss the acts of unfair competition to the linked websites and the copyright owner.The fifth chapter, given the suggestions for the search type of news aggregator apps setting framed link on Justice, legislation, technology and industry sides.On judicial determination, judgement should choose the “user standard” under the copyright law. On legislation,such as performance rights,theatrical rights,broadcast rights and the right to network dissemination of information should be fallen under the “The transmission right for new technology”. On technical measures side, author suggests using the technical measures and rights management information. On industry side, Balance the profit distribution for framed link infringement by copyright cooperation and advertising profit-sharing mode. |
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