Legal Study Of Deep Link On Aggregation Platform

Deep link is an act of content of information resources may be directly expressed on the platform,without going through linked object.By search engine,big data analysis,embedded framework,intelligent transcoding and other technical means,data has been collected,captured,analyzed,and highly integrated on aggregated platform,the new-style internet service environment or conditions.The act has greatly improved propagation efficiency of information content.However,application of deep link technique blocks right of administrating information and advertisements on the linked websites,which causes in intensive controversies on its legal attribute at home and abroad.Concept,cases,and legal disputes incurred of aggregation platform is analyzed in the thesis.And then judicial status of behavior agent of deep link act and its criterion of tort has been analyzed and determined.Advice is provided,in the light of law in force,to govern issues that rights can not be effectively protected under copyright standards according to introduction of anti-unfair competition law.Firstly,the thesis introduces core points of legal disputes on deep link act from many cases of aggregation platforms.Study of these issues,including subject status of aggregation platform,determination of deep link tort standards and protection of rights under copyright regulations,defines research directions and provide sequential research approaches in thesis.Secondly,based on concepts of internet service and content provider,according to narrow theory,the concepts are analyzed and distinguished.Deep link act contains subjective intent and practical effect of "providing content",resulting in benefit imbalance of those parties.Aggregation platform shall be considered as internet content provider.Above research paves a way to recognition of tort standards on deep link act on aggregation platform.And then recognition standards of tort on present deep link act on aggregation platform is analyzed in the thesis,which explains content of the right of communication through information network(RCIN)and defines governance extent of RCIN.In the thesis,I generally analyze and evaluate three tort recognition standards about deep link act on aggregation platform and suggest that essence expression criteria shall be adopted to remedy defect in the above tort recognition standards.At last,the issue that rights can not be efficiently protected under current copyright standards is further researched.Limitations and exceptions of deep link act on aggregation platform have been analyzed to dig out the reason that non-copyright benefit can not be protected.On legal basis of Anti-unfair competition law,Deep link act shall be identified as unfair competition and bear corresponding civil liabilities.