Studies On Copyright Character And Regulation Of Internet Deep Linking

Through deep linking,Network users could enjoy works stored in sever of the website being linked without leaving the website which appied the links.The one applied deep linking may gain profit during this process,while the linked ones suffer a loss.The huge differents between normal links and deep linking arouse heat discussion upon the character of the latter.Both in theoratical and practical area,people in view of deep linking constitute a direct infringement think that it is an act of communication through Internet.However,act of applying a deep linking mismatch the condition of “communication to the public”,which covers “communication through Internet”.First,deep linking provides the address of copyrighted work instead of the work itself.Second,deep linking will not form a new “source of communication”,even some deep linkings circumvent the TPM will not change the original “source of communication”.All of the known acts of communication,however,do form a new “source of communication”,and the internatinal copyright acts also definite public communication to be the preparation of transmission,namely the “source of communication”.All of the “Users Principle”,“Substantial Substitute Principle”,“Substantial Demonstrate Principle” and “New Public Principle ”,which introduced by some scholars to solve the deep linking issue,violate the basic theory of “communication to the public”.Only “Server Principle” could be the right approach to this issue.According to “Server Principle”,communication is an act of putting copyrighted works in the condition that it available to the bublic.Under this principle,the problems caused by deep linking issue could be settled through the regulations of indirect infringement and anti-unfair competition.