Legal Regulations On The Deep Linking Behavior Of The Works

The deep linking is a newly emerging technology on the Internet, and it provides a convenient way for the Internet users to search the works,but it indeed makes the copyright owner suffer loss at the same time,so it is necessary to regulate it.Judicial practice usually provide legal protection for related interest groups through Copyright Law,but this thesis draws a conclusion that setting deep linking to the work which is legally uploaded to the network is not a providing work behavior controlled by the information network transmission right,and the deep linking behavior doesn't infringe the information network transmission right of the the copyright owner. There is also a limitation on the application of the clause of "the other rights shall be owned by the copyright owner" in Copyright Law.Within the framework of the existing legal system, Anti-Unfair Competition Law plays an important and supplementary role in protecting the intellectual property. It is feasible to regulate the deep linking behavior by the Anti-Unfair Competition Law.The main framework is as follows:The first part mainly introduces the internet linking in the perspective of internet technology. It emphasizes the differences between deep linking and common linking through the analysis of the two, and it lays the cornerstone of the whole discussion.The second part discusses the collisions between the deep linking behavior of the works and the Copyright Law. This part takes the world's first deep linking disputes as the discussing point, and combined with two different rules on the same deep linking behaviors in our country, we have a glimpse into the practice that deep linking behaviors led to confusion on the application of copyright law. There is a great need to have a deep discuss and analysis on this issue.The third part focuses on the relationship between the deep linking behavior and the information network transmission right in Copyright Law. Through the analysis of information network transmission right's history,main content, criterion on information network transmission behavior, it draw a conclusion that deep linking behaviors do not infringe the information network transmission right.Then the fourth part discusses the relationship between deep linking behavior and "the other rights shall be owned by the copyright owner" in copyright law. The principle of systematic explanation puts forward that what "the other rights shall be owned by the copyright owner" in Copyright Law regulate is the use of the works. But the nature of deep linking behavior is related to the distribution of benefits of the works. So deep linking behaviors do not infringe the "the other rights shall be owned by the copyright owner" in copyright law.The fifth part mainly has a deep thought on the possibility of using Anti-Unfair Competition Law to regulate the deep linking behavior. The deep linking behaviors lead to disorder of IP product market. Anti-Unfair Competition Law is a strong complement of Intellectual Property Law. In the case of deep linking behaviors are consistent with the provisions of the requirements of the Anti-Unfair Competition Law, and Anti-Unfair Competition Law should be used to regulate it.The last part explains that using the Anti-Unfair Competition Law to regulate the deep linking behavior can reach a win-win situation between the law and the technology. On the one hand, it can realize the effective control on the deep linking behavior in order to protect the right of the copyright owner, on the hand it can avoid chaotic application of copyright law system, and exclude the chance of adding a chain right in Copyright Law which is possibly strangle the link technology.