| Video Aggregator APP is different from traditional video APP.It gather video resources which from other video apps into one service platform for users so that users could search various videos in the service platform.Technology of deep links about Video Aggregator APP is easily cause infringement,but the standard of infringement determination is controversial.Nowadays, Video Aggregator APP infringement emerge in endlessly.This article committed to figure out how to govern proprietors of Video Aggregator APP by traditional criminal law.This article is divided into three parts of introduction, body and conclusion,The body has four chapters, the overall structure can be divided into three parts. The first part: including the first and second chapter, First chapter respectively from video aggregator APP and deep links two aspects, this paper expounds the basic theory of video aggregator APP deep links。First of all, the paper expounds the concept and characteristics of video aggregator APP; Secondly this paper expounds the video APP and video aggregator APP role positioning; Thirdly, this paper expounds the deep linking behavior patterns, sums up the definition and characteristics of deep links. The second chapter first elaborates the pattern classification of deep links infringement and analysis; Secondly expounds several performance ACTS harmful to the society and again on the reasons for this phenomenon from the perspective of law and economic perspective for detailed analysis.The second part: including the third chapter, mainly is to analyze the video link aggregation APP depth of criminal legislation present situation and the prosecution. First of all, summarizes the current criminal legislation to protect the status quo to deep linking behavior,to be specific, First, summing up the criminal law amendment(the ninth) before the provisions of the criminal law on copyright infringement; Second, summarizes the criminal law amendment(the ninth) added to the network to help the regulation of behavior; Third, the analysis in this paper, the deep linking behavior can be evaluation by the current criminal law. Second, video aggregator APP evaluation of the criminal law in the judicial practice three brings trouble.The third part: including the fourth chapter. First, analyzed video aggregation APP civil tort liability from illegal act, damage, causality, imputation principle; Second, use traditional criminal law theory to analyze the necessity of deep links’ criminal law judagement, analysis application of criminal law by individual crime behavior and joint crime behavior. This part also analysis criminal responsibility from the view of the three conditions; At last, analysis how to improve the copyright crime legislation. |
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