On The Legal Obstacles And Its Overcoming In The Operation Of Mode Of Aggregating News

Through making a screening,sorting and summarizing for the news and information published by traditional media,web portals and other media,then pushing relevant news and information according to the user's preferences,aggregated news is beloved by the public,this model has the characteristics of information time screening,targeted,convenient and so on.This promoted model by the new media has values of ensuring acquisition of the public information and promoting the development of the media industry.Although the case of current judicial practice exists different judgment about the aggregated news model whether or not constitutes a copyright infringement or the unfair competition infringement.However,the existing cases of copyright infringement and unfair competition infringement indicate that there are truly legal obstacles of copyright infringement and unfair competition infringement in the operation of aggregated news mode.In view of the value of this news mode,the legislative and judicial branches should not stop the continuous running of the news mode,but should promote the development of this model.In the aspect of legislation,We should take the principle of balancing the rights and interests,and add a new legal permission in the Copyright Law to let the aggregated news mode continue to run.But,before the adjustment in the legislation put in place,the practice of judgment should cautiously apply to permanent injunction for cases of aggregated news mode about copyright infringement and unfair competition infringement in case that the court's decision stop the operation of this news mode.