Research On The Legal Regulation Of The Deep Link Of Video Aggregation Platform

Video aggregation platform provides convenience for network users to find and watch the target video resources,it also causes the great dissatisfaction of the copyright owner and the licensee at the same time,and which resulting in a large number of disputes between the two sides.In judicial practice,the copyright owner and the licensee often sues the video aggregation platform for the infringement of information network transmission right,and different courts launch different sentences on these similar cases.Correspondingly,there are different views on what kind of behavior infringe the information network transmission right in the theoretical field,and the views are divided into three decision criteria: the criterion of user awareness,the criterion of serve,the criterion of substantial substitution.The author stick to the letter of the law and seek the legislative purpose of the information network transmission right,then find the intension of information network transmission right from the way of behavior and the result of behavior.By the intension,the author make a judgement that the deep link of video aggregation platform doesn't directly infringe the information network transmission right.Where there is the damage,there is a remedy,for the two kinds of pattern of behavior in judicial practice,the author think that in different situations it is feasible and appropriate to regulate the video aggregation platform by the Anti-Unfair Competition Law and the rules of indirect infringement.This paper mainly divides into four parts:The first part mainly analyzes the background of the question creation and the behavior characteristic of the video aggregation platform,and puts forward the focus problem that whether the deep link of video aggregation platform directly infringe the information network transmission right.This part lays the foundation for further discussion.The second part mainly shows the characteristics of cases about the deep link of video aggregation platform in judicial practice through classify and analyse cases.And it further shows and evaluates the controversial views about what kind of act infringe the information network transmission right in the theory.The third part mainly discusses whether the information network transmission right can regulate the deep link of video aggregation platform.It mainly shows theintension of information network transmission right from the way of act and the result of act by explore the legislative purpose of the information network transmission right,then gets rid off dispution of the criterion and makes a judgement that the deep link of video aggregation platform is not the act of information network transmission,the information network transmission right doesn't regulate it.The forth part mainly analyses how to regulate the two kinds of pattern of behavior in judicial practice from different angles.When the video aggregation platform damages the lawful rights and interests of the set chain website and the person who authorizes the set chain website to use videos,and confuses market competition order of network video industry,regulates it by the general rule of the Anti-Unfair Competition Law;When the video aggregation platform doesn't directly infringe the information network transmission right,and damages lawful the rights and interests of relevant parties,regulates it by the rules of indirect infringement.