Analysis On The Dispute Over The Right Of Communication Through Information Network Between Tencent And Yilian Weida Company

Due to the lack of theoretical research and the differences in judicial practice in solving the dispute of deep links infringement,it has become a difficult problem in the field of network copyright.As a new type of infringement mode,the deep link has highlighted the lag of China’s online copyright legislation,which makes it difficult for the judiciary to reach a consensus when applicable law.The dispute of the right of communication through information network between Tencent and Yilian weida company is the typical representative.From the first instance to the second instance,the judgment standard and the judgment result are very different.First of all,it is premise whether the nature of the work involved can be the right of communication to the information network.Based on the condition of copyright law protection,it is concluded that "infringement" and "originality" do not form contradictory relations.Second,it is the key to determine the nature of deep link behavior.Copyright law system in our country does not clearly define the criteria for the "provision" of the works of Internet service providers.By combining the typical case,the comparison and analysis of server standards,user perception standards,actual presentation standards,substantive substitution standards and other standards demonstrate the rationality of server standards and provide a unified legal basis for judicial activities.Third,on the basis of a clear criteria and combining with the evidence to determine,it is found whether the deep link of Yilian weida company has violated the right of communication to the information network of Tencent.In the end,it is necessary to rationally regulate deep linking behavior and introduce practical remedies,such as technical measures,publish and prohibit linking statements,reach cooperation agreements and seek protection of relevant laws,in order to protect the legitimate rights and interests of the right holders under the joint action of law and non-legal means,so as to realize the legal effect of resolving disputes.