Confirmation Of Infringement Standard Of Network Video Aggregation Platform Under Jungle Law

With the development of Internet technology,more high-quality services can be provided to users.Aggregation platform is developed through deep link technology.Different types of aggregation platforms,on the one hand,make it more convenient for users to obtain the information they need,on the other hand,may have a serious impact on the interests of copyright owners.When browsing news,netizens will search on Baidu,Bing,Sohu and so on,which aggregates articles from different platforms.This way enables users to fully satisfy their reading needs without logging on to other websites;auditing and downloading music can also be processed as follows,that is,netizens can obtain it through direct search on Baidu,without entering third-party websites such as NetEasy Cloud Music or Cool Dog;of course,pictures can be directly appreciated on Baidu,if Browsers really need to go to the original website of the picture to see the original source of the picture,that is,the website with the copyright of the picture.At present,in addition to video,Baidu needs to jump to third-party websites,other things such as news,pictures,music can be aggregated.Users can enjoy one-stop service without leaving Baidu aggregation platform,which greatly saves the time of netizens and improves the efficiency of information utilization.Perhaps the video involves greater interests,or maybe Baidu company is strong enough,so it involves many cases of photo and music convergence.Although Baidu is the defendant,it has finally won the approval of the court judge and related litigation.News can be seen on hundreds of numbers,music can be listened to on thousands of music,pictures can be directly appreciated and downloaded on Baidu pictures.However,for videos,Baidu can not directly play video works from third-party websites on its own website.Users need to jump to third-party websites to play or download related resources.Baidu has no barriers to aggregation in the fields of pictures and music,but in the video field,it has encountered many obstacles,and finally some relatively small companies compete for the market.This paper explores the aggregation behavior of video aggregation platform from the perspective of jungle rule.Video aggregation platform is compared to hyena in the jungle,while video website is compared to tiger lion in the jungle.Through thiscomparison and in-depth analysis,this paper analyzes which standards should be adopted by video aggregation stage to have the right of data network dissemination of video website infringed,in order to better promote the development of the Internet industry and better balance the interests of the public and copyright owners.This paper is divided into five parts:The first part introduces the technical principle of video aggregation and the positive and negative effects of deep links.Through the analysis of its principle,this paper elaborates the new video playback mode.For this new model,we first make a classification analysis from its connotation,that is,deep link technology,which is conducive to understanding its essence.Next is to discuss the impact of this innovation on the field of video broadcasting.It not only promotes the positive aspects of the dissemination of film and television works,but also impacts the current broadcasting mode,which impacts the legitimate interests of video websites.The second part first discusses the relationship between video aggregation platform and video website under the jungle rule,then deeply analyses the current situation of video aggregation platform from both positive and negative aspects,and finally summarizes its rationality.The advantages of a thing determine its existence,and its shortcomings will promote its development.The third part summarizes the tort identification standards of various video aggregation platforms summarized from judicial judgments.In the process of discussing these standards,the author also combines the views of many scholars and classical cases.Finally,several reasons why server standard is the most reasonable tort judgment standard for the relationship between video aggregation platform and video website are expounded.In this process,case studies will be used to illustrate the application of server standards on other aggregation platforms,and then to analyze the rationality of using server standards on video aggregation platforms.The fourth part focuses on the application of server standards in judicial practice.By introducing the development history of aggregation platform,this paper demonstrates that server standard should be adopted in the infringement standard of aggregation platform under the jungle rule in the analysis of cases of pictures,music and video works.The last part explores the correct way to identify the nature of the behavior of video aggregation platform.Further combing various ideas of the legal nature of videoaggregation platform,and at the end of 2018,the case of Tencent v.Shanghai True Color Company as a path to elaborate this correct idea.