Research On The Tort Of Deep Link Service Of Video Polymerization Platform

In this era of Internet,video on the Internet is various and complicated.How to quickly find the video that you need on the Internet has been a problem for many Internet users.To solve this problem,video aggregation platform emerged.The aggregation platform provides users with convenient video resources in the form of links,which solves the problem of users watching video on different websites.However,video aggregator platform provides links to users to watch video,although have solved the problem of the user to improve the user experience of watching,but it also caused a lot of negative effects.The increasing number of legal disputes has caused the public and academic scholars to pay more attention to it.This article through the analysis of video aggregators provide deep link behavior involved in infringement cases,combined with the relevant laws and regulations and the research of scholars,for video aggregator platform provides deep links may involve the infringement are analyzed,and on the basis of the analysis gives the corresponding Suggestions.This thesis is divided into four parts.The first chapter introduces the main authors of the paper selected topic background and research significance,as well as comprehensive summarize the research status both at home and abroad,and discussed on the basis of this analysis is about video aggregator platform the controversial problems in academia and practice.The second chapter on the analysis of aggregation on the basis of the concept and classification of video demonstrates the aggregation problem of the legal status of the video platform,through a series of analysis it is concluded that video aggregator platform is a network service provider,rather than an Internet content provider.This is the basis of the issues discussed in the subsequent chapters,and other questions are based on the definition of video aggregation platform as a network service provider.The third chapter first analyzes the video aggregator platform directly tort constitutive requirements,on the basis of the constitutive requirements analysis video deep link aggregation platform behavior whether to belong to the illegal behavior of constitutive requirements,and then determine whether the behavior of information network transmission right infringement.This part analyses the academic mainstream in the process of argumentation theory point of view and some cases of the judiciary,in view of the two standard is controversial,the standard of "server" and "standard" users perception is analyzed,and gives the relatively reasonable,be able to deal with the discussion built balance of interests.Chapter four discusses whether the act of providing deep links can constitute indirect infringement when the video polymerization platform does not constitute a direct infringement.Mainly analyzes the indirect infringement is more "safe haven" principle and "red flag flying" principle,as well as in the indirect infringement on video aggregator platform in providing deep link fault recognition,mainly including "knowledge" and "should know" two aspects of analysis.The fifth chapter is the analysis of the unfair competition behaviors that the video collection platform may involve.From video aggregation platform and video content providers,video polymerization platform competition relationship ACTS of unfair competition,and the ACTS of unfair competition caused the actual damage to video content providers from three aspects,analyzed video aggregator platform of ACTS of unfair competition and its constitutive requirements.Finally,it is concluded that anti unfair competition law should be introduced.