The Qualitative Research Of Deep Linking Behavior

Since deep linking changes the traditional presentation of works, it has affected the distribution to interests in the network environment, which are based on the dissemination of works. However, in practice, deep linking triggers series of copyright disputes among copyrighters, websites setting links, websites being linked to and other stakeholders. But Chinese Copyright Law and relevant laws and regulations have not clearly defined the meaning of the dissemination behaviors controlled by "Information Network Transmission Right" while regulating the “Information Network Transmission Right”. Therefore, controversies have been raised between theory and practice in term of the criteria of information network dissemination behavior, among which the legal definition of link-setting behaviors in deep linking is one of the focuses of controversies. This thesis aims to make legal definition to deep linking behavior within the theoretical framework of current copyright law and further, on the basis of the legal definition, analyze the issue of the liabilities born by links setter separately according to the possible infringement scenarios caused by deep linking.In Chapter 1, it points out the controversies of the deep linking behaviors in practice and theory:(1) The criteria of judicial judgments are not uniformed. The applicable standards and judicial decisions to deep linking behaviors of the same kind made by different courts may be controversial and in conflict.(2) There is divergence among academic research opinions. Scholars hold different views and reasons on whether or not deep linking could constitute to dissemination behaviors under the control of information network transmission right.In Chapter 2, it analyzes the nature of the deep linking behaviors. After clearly defining the propagation behaviors under copyright law, it compares the deep linking behaviors with "Interactive on-demand acts of communication" and "non-interactive on-demand acts of communication " and draws a conclusion: deep linking behaviors cannot constitute to propagation behavior under copyright law and will not be controlled by the exclusive rights of copyright.In Chapter 3, it analyzes the issue of liability taken by links-setter in term of different infringement situations derived from deep linking behaviors. Deep linking behaviors themselves don’t belong to the network communication behaviors, and therefore they cannot directly constitute to copyright infringement. But deep linking behaviors will still expand the range of works propagation. If the link-setter yet provides connection services to infringement works when they know or should know the contents being linked are infringement, they will indirectly trespass on the exclusive rights of right holders. In addition, in term of other wrongful acts using the deep linking to execute, which are not regulated by copyright law, they should be regulated with the help from tort law and anti-unfair competition law in order to protect the lawful interests of the related right holders.