Research On The Legal Regulation Of Video Aggregation Platform Depth Link

In the Internet era,there are endless series of movies and TV programs on the Internet.How to make users quickly and accurately obtain the required video resources,which has been a difficult problem for Internet users.With the improvement of Internet technology,depth link of video aggregation platform has emerged,enabling users to get video resources one-stop and solving the problems caused by the selection of video content.However,video aggregation platform also causes a series of negative effects as it avoids video searching by users on video website,which infringes the legitimate rights and interests of the copyright owners and the commercial integrity and brand value of the linked websites.The legal disputes related to it are kept out of the question,but there is no uniform legal regulation,which leads to different judgments of the same case.Video aggregator platform is the product of Internet development and user demands,it has the objective development prospects,but it adopts deep links approach objectively make negative impact to the copyright owner and links site,infringe the copyright of the copyright owner and make harm to the economic interests of the linked website.In order to balance the interests among copyright owners,linked websites and video aggregation platforms,promote the its orderly development,it is particularly important to set legal regulation about video aggregation platform.In this paper,the author analyzes typical infringement cases of depth link of video aggregation platform,and points out the disputes and deficiencies in the regulation of pure copyright law.Because of the different theoretical disputes and legal restrictions lead to different standards when judge tort about the depth of the video polymerization in judicial practice,some judges think this behavior constitute the indirect copyright infringement,some judges think this behavior constitutes unfair competition,so in the judicial practice it appears that different judgments in a same case.After analysis the existing problems existing,and aim at these problem analyze theoretical disagreement,the author thinks that the server standard theory should be adopted to judge the behavior of aggregation platform depth link constitutes indirect infringement on copyright,in this way to protect the legitimate rights and interests of the copyright owner.For the protection of the economic interests of the linked websites,it is necessary to select the applicable anti-unfair competition law to regulate the aggregation platform.In order to harmonize the interests of the relations among the linked website,the copyright owner and the aggregation platform,in this way to govern the behavior of aggregation platform depth link and protect the owners' rights,promote the orderly development of video industry.Based on the above considerations,this paper is divided into five parts:Part ?:This part is to introduce and summarize the concepts,including the concept of video aggregation platform,the concept of deep linking,the difference between the deep linking and common linking,nature of the law,the characteristics and operational mode.To make a deep expound of depth link and video aggregator platform.Part ?: It pointed out that video polymerization platform is the product of the development of the network era.Its generation and development has certain positive significance to network users and video industry.On the other hand,there are some negative effects:the article expounds the necessity of the legal regulation of depth link of video aggregation platform from the perspective of maintaining the market order of the industry,copyright owner's rights and interests of the linked websites.Part ?: This part analyzes the difficulties of the regulation method for depth link of video aggregation platform.It expounds the difficulties of the theory,legislation and the judicial and analyses that the main theoretical disagreements about depth link of video aggregation platform are Server standards,user perception standards,and substantive presentation standards.It analyses the problems in current legislation in China and of different sentences in the same case in judicial practice because the tort standard is not uniform.Part ?:This part points out the legal regulation path analysis of depth link of video aggregation platform.First of all,from the theoretical analysis,use the server standard to judge whether the deep linking behavior constitutes infringement,identify that aggregation platform provides network services,and constitute indirect infringement in the case of subjective fault.Secondly,in the aspect of legal regulation,the two aspects of copyright and unfair competition law should be improved.Using copyright law to protect the legitimate rights and interests of the copyright owner,use the anti-unfair competition law to protect the legitimate rights and interests of linked sites,analysis applicable of copyright law,anti-unfair competition law in the foundation of legal theory.Finally,from the aspect of judicial and industry regulation in China,the author puts forward the perfecting method in practice in order to achieve a more specific and effective regulation for deep linking.For example,in the judicial practice,we should clarify the burden of proof,improve the tort liability,in industry norms improve the self-protection of video website.In short,the depth link of video aggregation platform which is conducive to resource and share integration is the new network technology.Exploring the legal issues caused by the depth link of video aggregation platform and regulating these legal issues is the protection for the legitimate rights and the reasonable use of the new technology,It will promote the orderly development of video industry and technological innovation in the Internet field.