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The Legal Regulation Of Deep Link In Video Aggregation Platform

Posted on:2017-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y XieFull Text:PDF
GTID:2336330536953243Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The video resources on the network is abound,how to fast and accurately obtain the needed video has once became a problem in Internet users.Therefore,The video aggregator platform arises at the historic moment.one-stop accessing to video resources convenient solves the worries of the user selecting the video content.However,The video aggregator platform has also caused a series of negative effects.Corresponding legal disputes also caused people,the social public and academic circles the attention of scholars.This article will cover by the infringement cases of the depth link of video aggregation platform,and combined with the regulations and scholars of discourse analysis,it points out that the use of copyright laws to regulations is controversial and shortcomings.Thus,this paper puts forward the idea of using the anti-unfair competition law to regulate is a better place.and suggests perfecting anti-unfair competition law to better regulation problems in practice,in order to solve the legal disputes depth link of video aggregation platform.This paper is divided into four parts.The first part introduces the basic problem of the deep link of video aggregation platform.First of all,introducing the video aggregator platform behavior patterns,to distinguish between the ordinary link and the depth of behavior;Secondly,classifying the deep link of video aggregation platform sentence,and analyze the mainstream theory point of view.The second part of thinking three dilemmas of copyright law system in the deep link of video aggregation platform.First of all,discussing the problems of the infringement difficult unified standard.Analysis on constitute infringement of copyright law standard: server,user perception,present the pros and cons of standard substance.Secondly,the paper expounds the two sides interests coordination problems.copyright law id not enough to safeguard the interests of the copyright owner,and imbalance deep links the interests of both sides.Again,the discussion is the case in the judicial practice is complex,for difficult problems,such as forensics difficulties.The third part points out the superiority of the anti-unfair competition law regulation.Thinking the basis of legal theory in the anti-unfair competition law.which is based on a similar case,and combining with the case of Britain,the United States,Germany and other countries,legal regulations,comparing with the related provisions of our country law research.The fourth part proposed consummates our country legal regulation of the deep link of video aggregation platform.From the aspects of legislation and justice in China to solve the link disputes are proposed:Related legal choice in the field of overlapping motivation;The embodiment of law anti-unfair competition law;The video aggregators explicit in judicial practice to construct the video aggregator platform cooperation mechanism of profit distribution.Let is the deep link of video aggregation platform more specific operational,which is advantageous to the coordination of maintain the interests of both sides and a chain to solve deep links of legal disputes.In a word,the deep link of video aggregation platform is a new era in the development of network technology,contributing to integrate and share of internet resources effectively.Repeatedly discussing a variety of legal issues of the deep link of video aggregation platform is not only to protect the legal interests and to protect to the rational use of this new technology.
Keywords/Search Tags:Video aggregation platform, deep links, copyright, unfair competition
PDF Full Text Request
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