On The Identification Of Copyright Infringement In Depth Linking

Deep link is an important technology in the field of Internet,and its appearance makes the information scattered on the website of the site aggregated on a website,which greatly facilitates the user search for network information query.But deep links also make traditional copyright law a huge challenge.The establishment of a link service for the purpose of profit,without the permission of the copyright owner,damages the rights and interests of the exclusive right of the information network transmitted by the copyright law.At the same time set the chain by setting the depth of the link,intercept the chain of information flow and network users click traffic,damage to the chain site is not the copyright interests.The depth of the link to reallocate the copyright owner,the chain site,the existence of the interests of Internet users,the main distribution of benefits due to unfair conflicts.In order to solve this contradiction and conflict,the theoretical circle of our country and the judicial practice are discussed extensively.The focus of the debate is whether the deep link belongs directly to the content of the work and whether it directly violates the right of information network communication.There are two criteria for determining whether a deep link belongs to a content-providing behavior.One is the "user-perceived standard",as long as the user in the use of the site information that is provided by the chain site,regardless of the work is actually provided by those who are considered to be provided by the chain,constitute a direct infringement of information network communication rights.One is the "server standard",that only works will be uploaded to the server and made public to become a work,in addition to any other way does not constitute the work of the act.Deep link is a technical service behavior,and did not upload the link to the server,does not belong to the content to provide behavior.I believe that deep link behavior does not constitute a direct infringement of information network communication rights.Deep links are simply linked through the way,did not change the source of the work,and did not independently form a new basis for the dissemination of network information.But it is not to say that the establishment of a chain link is legal,it may also constitute unfair competition,you can use anti-unfair competition law or damage to technical protection measures to balance the interests of all parties.