The Research Of Deep Link Service Provider's Responsibility Of Copyright Infringement Case

The link service which provided by the Internet service providers,to a large extent,have narrowed the gap between the service providers and the users. But there exists a lot of works that can be in contact with the users without permission or authorization. Because it is difficult to determine the real infringer in the network environment, so the obligee tend to sue the service providers to the court. In recent years, the disputes of the service providers concentrated in the technology of deep link. First of all, "deep linking" as a concept, has the different understanding in the home and abroad; Secondly, there are two views of "the user Standard" and "the Server Standard",so it remains controversial both in theory and in practice that "deep linking" is a tort of the right of network copyright or not. The academic circles commonly support the "Server Standard",deeming that it is not the service providers who upload the works to network, so they should not be constituted infringement. The Scholar who against the "Server Standard" Insist that network links should followthe "principle of no alternative link". In setting the link, he service providers should not take the place of the site that be linked to provide information to users, otherwise they will be constituted infringement.This article starting with the discussion of the copyright infringement liability of the deep link providers, discuss about the deep link from the theory and practice aspect through four typical cases analysis in the United States, Germany and China.The article is divided into four chapters, three main levels, as follows:The first chapter is an overview of the basic theory, the discussion is made on the American legal circles about the "user Standard" and "Server Standard" principle, and then introduces the evaluation of Chinese academic circles and practical circles for the above viewpoint. The second chapter and the third chapter is the main part of this aticle. The second chapter is about four typical cases of domestic and foreign related deep link disputes, including a German case, a American case and two recent domestic case. The third chapter analyzes and discusses respectively on the four cases from the several angles, in order to find out the regularity criteria.The fourth chapter is the conclusion part. The author thinks that in our network copyright, especially the deep links infringement judgment,should adhere to the principle of the server standard, and meanwhile allow the existence of exceptional circumstances. The judge should beallowed according to the specific case Situation, and judge on the case by case basis.