Research On The Identification Of The Copyright Infringement Of News Aggregator

With the development of network technology,the transmission and acquisition of information in the modern era have undergone earth-shaking changes.The web server has always depended on the basics of Internet information dissemination.It can be said that all internet information needs to be exchanged in and out through different servers.However,the use of new technology now allows information to be freely exchanged and acquired in the cloud of the network without relying on the inherent carrier of similar servers.In this context,the news aggregation platform quickly occupied the domestic Internet market with a good user experience and the advantages of quick access to information,setting off a wave of “deep links”.However,this also raises questions about the legitimacy of news aggregation platform behavior.The development of information technology on the one hand brings great convenience to people's lives,on the one hand it also brings impact to the traditional interests of copyright.How to balance the interests of the public and legal rights has become an unavoidable issue in determining the nature of deep links.At present,copyright disputes caused by news aggregation platforms are mainly concentrated on “temporary copying” and “deep linking”.These problems expose the contradiction between technological development and the inherent lag in laws,causing great difficulties in the identification of infringement.Due to the lack of clear provisions in the current laws of our country,the court often fails to reach a unified conclusion when judging the infringement of the news aggregation platform.If you simply identify it as infringing,it may hinder the development of information technology.However,if you allow the news aggregation platform to set up deep links at will,it clearly violates the legitimate rights and interests of the relevant rights holders.Therefore,it is necessary to introduce more reasonable judgment criteria before it is possible to balance the interests of the public and right holders on the basis of correctly identifying the nature of the news aggregation platform.This article starts with the legislative intention of “distribution of rights to the public” and then returns to China's legal framework to analyze the illegality of the behavior of news aggregating platforms.Then,based on the problems existing in the determination of courts in China and the experience outside the region,we propose to improve China's The Judgment on Copyright Infringement of News AggregationPlatforms.First of all,this paper analyzes the legal positioning of news aggregation platform,and believes that the key lies in the superposition and dissemination of the behavioral model.Is the news aggregation platform an Internet service provider or a content provider? Secondly,this paper analyzes the four major components of the network copyright infringement.Whether the news aggregation platform is infringed and obtained a more reasonable answer based on the current legal framework of our country;again,the article examines the paths taken by the United States and European countries in determining whether the news aggregating platform is infringing,and combines the Chinese court in the determination of infringement.The existing problems have drawn some inspirations.Finally,based on the previous theoretical analysis of the article,drawing lessons from the rules and regulations of foreign courts,we have put forward several suggestions for perfecting the copyright infringement recognition of our news aggregation platform.It is more reasonable and fair to identify infringement disputes on the news aggregation platform.