Study On Identification Standard For Copyright Infringement Of Framed Links

Is there any copyright infringement for the framed links? There are three criteria for the mainstream of the academic and judicial practice: server standards,user perceived standards and substantive presentation standards.But these identified standards all have an analysis on interception of the part of the Internet business model,instead of understanding the overall perspective from the business model,so it is difficult to grasp the essence of the problem.The link non substitution principle points out the correct analysis way,but it doesn't continue to explore the problem of the ultimate source of the interests of the parties involved in the framed links,also cannot adhere to solve the problem of framed links within the framework of the copyright law.This paper attempts to analyze the business model of Internet companies,and points out that the main reason for the emergence of the frame links is the maximization of business interests in the mainstream of “the free business model”.In fact,the copyright is the right of the copyright owner to monopolize the trade opportunity with the customer by the usage and dissemination of monopoly works.At present,“the data traffic is the king”.The number of the users is a key factor in determining the income of Internet companies.Internet companies get advertising revenue through providing free products to attract users to click or watch ads,or providing value-added service to obtain revenue.The basis of these profit models is the number of the users.In “the free business model”,the copyright owner deals with Internet companies through the ability to monopolize customers.The authorization / licensing fees are paid for the copyright owner by the Internet companies in exchange for the right to the monopoly of the customers.In the framed links behavior,the chain designer who doesn't create any new growth point just set the “diversion” of chain web site users.It can only be identified as stealing commercial value of the chain web site,but cannot be identified as business model innovation.In addition,the spread of the works in the Internet environment is essentially the dissemination of works that contained authors' “creative” and “meaningful” information,which is expressed by the common symbol system of mankind.In this sense,the works can be defined as meaningful information which is expressed by symbol and contains the original ideas of the author.When the users actually obtain the specific information contained in the work,or obtains the corresponding subjective feeling and experience,they should be identified as making an actual use of the works.On the basis of the above analysis,this article continues in-depth analyses along the economic analysis of “the link non substitution principle”,puts forward the standard of “reasonable commercial benefit principle + users actual access information”,and discuss the specific application.