On The Confirmation Of Copyright Infringement In Deep Link Of Video Aggregation Platform

Network connection is divided into two types of ordinary links and deep links.The normal link guides the browser to jump to other website's home page,and showing its full content and its network address;However,without the jump,pointing to the deeper site webpages or specific documents and never displaying the logo of the site,which is called the deep link.The term "video aggregation platform" as used herein refers to a "one-stop" convenient service provided by a website owner who uses deep link technology to re-select,organize and arrange stored works in other websites' servers.The technology of deep links can easily lead to infringement,endangering the interests of copyright owners and the competitive order of the Internet market.However,at present,there is a big controversy about the nature of deep links,the standard and the type of infringement both in the academic and judicial practice.Therefore,this article tries to characterize this behavior and clarify the standard of infringement,in order to make reasonable regulation on the deep links.This paper includes three parts except the Introduction and Conclusion.The first part is an overview of the deep link,including its definition and characteristics.On the basis of distinguishing Internet Service Provider and Internet Content Provider,the paper analyzes three major types of "User perception standard"," Internet server standard "and " Substantial display standard".The second part is to discuss the nature of infringement and limitation in the deep links of the video aggregation platform.Based on the "Copyright Law","General Rules of Civil Law" and "Tort Liability Law",explaining the infringer should undertake the responsibility of direct infringement.The third part is to propose the legal regulation of the deep links from the legislative and the judicial,clarifying the burden of proof in judicial practice.And utilizing the Anti-Unfair Competition Law to supplement.To establish a cooperation mechanism of video aggregation platform to coordinate the interests of both parties and avoid related disputes.