Research On The Crime Of Illegal Deep Linking

With the rapid development of computer technology and Internet technology, Internet facilities brought great convenience to people’s life. The development of network technology enable us to obtain the needed information whenever and wherever. The channel has become diverse in acquiring knowledge. Network make our life more colorful. In recent years, the increase of network crime rates has become a social phenomenon, the network technology not only provides convenience for legitimate behavior, but also provides convenience for a part of criminal behavior, the behavior of the network copyright infringement is also very common. In the face of the high rate of network violations, whether Copyright law or Criminal law should do more in depth thinking to protect copyright.This paper make the problems of criminal responsibility of deep linking behavior as the object of study,in order to illustrate the nature of deep linking behavior and how the criminal law means to protect the copyright owner’s legitimate rights.This paper is divided into five chapters.The Chapter One. This chapter mainly explains the meaning of the deep linking, properties, classification and characteristics of basic problems. Through the discussion of this chapter, the author expounds the deep linking is a network technology. It is a link technology. Through the link depth can enrich the aggregation of network resources to a page, and the difference between deep linking technology and the common linking technology is that, when clicking on the deep linking, the page will not appear jump information, users won’t know the page address changes.The Chapter Two. The infringement nature of deep linking and the necessity of being regulated by criminal law. This chapter mainly analysis the deep linkinginfringement cases in the practice, and analysis my own vies that illegaldeep linking should be a kind of indirect infringement, essentially belongs to the direct infringement of helping behavior. In constitute infringement judgment should be according to the fault liability principle to be identified. In the Internet age, the development of network technology brought challenges to the copyright protection. By telling the difference with traditional copyright infringementand network infringement, in order to illustrate the network technology is used to tort and criminal acts, the oblige can not be compared to the traditional way of damage. Driven by the interest people violate other’s rights by network, the social harmfulness is the traditional way cannot match. Therefore, whether it is from the point of view of the subjective malignant or the behavior of the objective harm, illegal deep linking should be included in the scope of regulation of the criminal law.The Chapter Three. The deep linking can not constitute the crime of copyright infringement alone. This chapter mainly discusses the obstacles of deep linking incommitting a crime alone. By analysis the nature of information network propagation behavior, the information network propagation behavior is not general propagation behavior, but conforms to the provision behavior, deep linking is not a kind of providing behavior, but on the works of the subsequent dissemination behavior. Therefore, the deep linkingcan not alone constitute the crime of infringement of copyright.The Chapter Four. This chapter discusses illegal the subjective and objective condition ofdeep linkingbeing a crime. That when actor who knows the infringing works and use deep linking to widen the scope of spread. Deep linking is a neutral and a kind of technology, but in today’s network environment is often used for the dissemination of infringing works. Illegal deep linking itself does not constitute direct infringement works, but is the tort of helping behavior. After the issue of criminal law amendment(9) >,the help acts of cyber crimecan be identified as independent crime, illegal deep linking can alsobe identified as a kind of new crime.The chapter five. This chapter illustrate the difference of the theory of common crime and theory of fellowship in act, and illustrate the advantages of theory of fellowship in act. The results show that the author advocates theory of fellowship in act, and in the view of theory of fellowship in act,the deep linking can be regarded as a crime in the accomplice of the crime of infringement of copyright.Deep linking behavior is a very common network connection technology, the technical development will influence the network environment, it brings great challenges to the protection of copyright. This paper is written on the basis of reading literature, finding the differences in the comparison of Chinese and foreign criminal law theory and case analysis. Only the law can punish the deep linking behavior.