The Copyright Of The Framed Link Behavior

Framing is one form of link technology, which has been widely used since its appearance, There has been a large number of domestic or international Copyright disputes and unfair competition disputes on Framing, Whether Framing defenses the copyright or not? Isn’t it a kind of unfair competition? There are many different views about those questions in judicial practice, The Anti-Unfair Competition Law can not protect the author’s interest on Copyright in an effective way at present, Currently, Copyright Law has not built a well remedy system in explaining tort behavior in Framing,So, the rules should be further amended to regulate the Framing behavior,On this basis, the paper is divided into four sections to discuss the topic,Part I: This part tries to make a brief overview on Framing, and describes how Framing works, Framing has two main applications in the network, which makes a contribution to the development of network technology from a technical perspective but promotes new forms of copyright infringement from the perspective on the balance of interests,Part II: This part discuss the necessary of regulating Framing on the Copyright Law in detail,Firstly, Framing may infringe copyright interest, and the paper focus on discussing the infringement on the right of dissemination via information networks, Secondly, the rules about responsibility identification on general form of link don’t suit Framing perfectly, and it even can’t reveal the essence of Framing, Furthermore, the copyright regulation on framing is supported by some copyright theories, Lastly, the author thinks that the "Anti-Unfair Competition Law" can not remedy copyright damages arising from framing in a complete and effective way by itself,Part III: This part discuss the essence of the Copyright-infringement created by Framing specifically,Firstly, if Framing destroys the technological measures for protecting copyright, it will be charged with the primary liability, excluding stealing the link and violating Robots Exclusion Protocol, Secondly, although there is few judicial disputes case on personality rights damages created by Framing, we should still be careful with this kind of tort, Lastly, we usually cognizance the tort nature of Framing in the framework of the right of dissemination via information networks in judicial practice, And we should cognizance the tort nature of Framing In the standard of legal effect, Meanwhile, there are a lot of academic standards based on "Network Server Standard " to cognizance the tort nature of Framing,Part IV: The paper bring up two personal advice on the Copyright regulation on Framing in this part, Firstly, the author advocates an amendment on the "Network Server Standard" to adjust to the development-trend of network information technology, Secondly, the paper turn to ponder the link behavior other than Framing and it’s necessary to make some special rules as the principle of the Copyright Regulation on link behavior.