Research On The Copyright Infringement Of Aggregator APP

With the development of network technology,many new types of network services appeared.For example,aggregator APP is the product of the development of mobile Internet.This kind of APP links content information on multiple websites and provides content to the public through lists,personalized recommendations,etc.Users do not need to log in the content website for reading information,which saves much time on searching information.However,this kind of business model is not entirely favorable.It links the works without permission,resulting in loss of users,the reduction of advertising revenues and other damages to the content website,which has aroused strong dissatisfaction among the content website.Whether or not this kind of link behavior of an aggregator APP constitutes a copyright infringement to the content website,this article analyzes the whole process involved in the link setting behavior one by one:Firstly,the aggregator APP sets a deep link to the works and destroyed the technical protection measures of the content website,which constitute copyright infringement.However,due to the difficulties to prove the infringement or some of the websites did not take technical measures for the works,they generally do not file a lawsuit on the grounds of infringement of technical protection measures;Secondly,the link behavior of aggregator service providers also made transcoding.In the technology process,it led to the phenomenon of temporary storage of works,but it does not constitute copyright infringement;Thirdly,the aggregator APP control the works on their platform through the link behavior,so that the public can directly view the work,the act substantially presenting the copyright holder’s works,which leads to the public can obtain the works.Actually,it is the act of providing the work.This act of providing works without permission constitutes a copyright infringement;Fourthly,the use behavior of aggregator APP does not meet the conditions for fair use.As a content provider,it cannot apply the safe haven rule on the sole ground that it only provides link services.In view of some problems in the determination of aggregator APP copyright infringement,the author proposes several regulatory proposals.One is to clarify the definition of the right of information network dissemination in legislation and use the substantive presentation standard as the judgment standard for providing behavior.At the same time,publishers of current news should be given exclusive rights for a certain period of time;Second is that the plaintiff s and defendant’s burden of proof should be reasonably allocated during judicial trials,and use the method of reversing the burden of proof to prove the damage of technical protection measures and the infringement of information network dissemination.After the plaintiff submits preliminary evidence,the defendant cites evidence to refute.Third is to establish industry cooperation mechanisms and improve the collective management system of copyright,so that network service providers can raise awareness of copyright and reduce the resistance to copyright acquisition.To achieve a win-win situation needs all parties’ effort.