Study On Copyright Of Video Aggregation Platform Stealing Links

Deep link,refers to a link to the chain of links directly to the specific content of the page link.Normally,the user in the chain site search box type keywords,the chain site will need to query the contents of the search,and then automatically generate a link containing the query results page,the user click on the link,you can directly access the target page,Usually does not go through the target page of the home page,this skip the home page directly linked to the way called deep link.Deep link itself is only one of the Internet technology,mainly for data capture,intercept,fast jump and so on.However,the depth of the link at this stage has become a "chain" one of the main technical means."Pirates of the chain," said the service provider itself does not provide the content of the service,he through technical means to crack the content of the site key,so as to directly on their own Web site to provide users with content services to develop their own users,Improve click-through rate.In the "chain" process,the chain site does not provide resources or provide very little resources,and the real content providers are not any income.The current use of deep link technology to capture the Internet data video aggregation platform emerge in an endless stream,the Internet video field "hacking chain" phenomenon intensified,this behavior seriously infringed the film and television works information network communication rights of the rights of the works.The right to information network communication refers to the ability to provide works,performances or audio and video products to the public through cable or wireless means so that the public can obtain the right to perform,perform or record video products at his chosen time and place.Depth link technology for the wide dissemination of works to provide technical support,but the phenomenon of repeated attacks,but also makes the information network communication rights have been repeatedly infringed.At present,China’s existing laws and regulations and judicial interpretation of how the information network communication behavior is not clear enough specific,but also no clear on the "chain" behavior of the nature of how to determine,which led to the rights of people difficult to defend,judicial practice,"Pirates of the chain" acts of infringement or not identified is not the same.In this paper,through the analysis of the typical case-"Tencent v.Fast film case",combined with the relevant theoretical research,clarify the essence of "hacking chain" behavior,to explore the legal nature of the behavior of how to identify,and how to apply legal regulation.This paper is consisted of six parts.In the first part,the author introduces the typical case chosen in this paper-the basic background of "Tencent v.Watch film and television(Yi Lian Weida Company)case,including the case,judgment and case controversy focus.On the main focus,I believe that the main focus on two aspects: First,the identification of information network communication standards,which should be used to determine the standard? Server standards,user-perceived standards or substantive replacement standards;Second,the case of the prosecution constitutes a Tencent company’s access to information network transmission rights violations.The second part analyzes the behavior of video aggregation platform,and defines the video aggregation platform and the chain.This paper introduces the basic technical means used in the video aggregation platform,which is the initial process.The video stream is transmitted from the server of the right holder,occupies the bandwidth of the right owner and other hardware resources,and then through the video aggregation platform player But the infringer,that is,the video aggregation platform server does not implement the copy of the behavior,and then focus on the video aggregation platform stolen chain caused by the serious consequences of the behavior.Finally,it introduces some innovative new rules defined by the copyright law of the EU Copyright Law in the depth link.It can be used for reference and suggestions.The third part of the existing "theft chain" behavior of the judicial jurisprudence to be interpreted,introduced the dissemination of information network to determine the behavior of its identified standards are also discussed in detail,but also a detailed interpretation of the "chain" behavior was identified as unfair competition Behavior of the reasoning process.The analysis shows that there are a variety of applicable standards for the determination of "dug chains",but what criteria should be adopted and not clear.The fourth part puts forward the author’s analysis of the legal liability of "Piracy Chain" behavior of the video aggregation platform,and thinks that it should constitute the violation of the right of information network transmission and put forward the proposal of "copyright infringement" law,Behavior is identified as infringement,and proposed in the "theft chain" behavior when the introduction of causal theory,to break the current standards of different identification of impasse,consider improving China’s copyright licensing mechanism and the establishment of digital copyright trading platform.The fifth part summarizes the whole text,summarizes the central thought,that China’s existing copyright law framework should be with the scientific and technological progress,in the face of new problems and new problems to improve and make up for loopholes in the lag of the law.