Research On Tort Liability Of Mobile Terminal Video Aggregation

The development of the internet,the evolution of the mobile network generation and the intelligent promotion of the mobile terminal can make the public in the past rely on the computer to surf the internet in a way that the internet is connected through the mobile terminal.The way to enjoy video works,such as film and television shows,can be realized by the mobile phone at any time from the front of the computer desk to the place of the computer.The log-in video web site from the computer browser becomes the individual video web site application installed on the mobile terminal.the switching between the application programs of different video websites is complicated,so a polymerization application program is formed,and the mobile terminal is installed with the application program,so that the work of different video websites can be collected on the page of the application program,It is not necessary to switch to the video web site application even when the work of a different video website is to be appreciated.The mobile terminal video aggregation application presents the work to the network user by setting a deep link,and the playing page is still on the page of the video aggregation application when the user plays the work.The profit pattern of the video web site of the video syndication application is essentially the form of free viewing of the video and the pay-free advertisement by the network user.The user can enjoy the corresponding work without paying for the advertisement of the video website,using the mobile terminal video aggregation application program.Mobile terminal video aggregation application operators sometimes also put some advertisements on the playing page while presenting the work,but the advertising time is relatively short.In other word,that client experience of the mobile terminal video aggregation application is good.The video website spread work on the network needs to purchase the information network communication right of the work,needs to set up the server,also needs to pay the network access bandwidth cost,the return of the investment needs more network users to enter the video website and its application to enjoy the work.Since the customer experience of the video aggregation application is good,it is natural to attract a large number of users,the user of the corresponding video website is less,and the revenue of the video website is directly reduced.The video aggregation application provides the user with a link to the video work,does not purchase the information network propagation right of the work,does not need the server and the network access bandwidth cost,but can attract a large number of network users.The video website has paid a great deal of cost,but it is caught by the video-aggregation application operator.From the point of view of the video website,it is of course that the rights are violated,but what rights are violated,and how to compensate,is one of the challenges in the current administration of justice.In addition,the deep link of the video aggregation application points to the website that provides the infringing work,and it should be found that it infringes the right to the dissemination of the work information,which is not disputed.But how to compensate is still a more controversial issue.In this paper,the problem of infringement and compensation is based on the propagation of the work on the Internet.It is necessary to first analyze and demonstrate and determine the criteria for the determination of the right to spread the information network,so as to better deal with the problem of infringement.In this paper,it is believed that the server standard should be used as the standard of infringement judgment,and the establishment of the deep link to the third-party tort website by the video-aggregation application operator will constitute a direct violation or the indirect infringement of the information network transmission right;the behavior of the video aggregation application operator to set the deep link to the video website does not constitute a violation of the information network propagation right,Even if a deep link is set up after the technical protection measures of the video website are solved,and the behavior of capturing the interests of the video website still does not constitute a violation of the information network transmission right,it will constitute unfair competition.In this paper,although the video-aggregation application operator has cracked the technical protection measures of the video website,it is directly affected by the copyright regulation,but this behavior is not an isolated act,so it is not appropriate to deal with this behavior separately.In the judicial practice,it is also included in the act of unfair competition.In this paper,a number of cases are analyzed,and the judgment methods of the infringement of the right of the information network and the damages for unfair competition in the current judicial decisions are summarized.On the basis of the research of others,a new proposition on the calculation of the amount of compensation is put forward. And actively hope to introduce punitive damages in the field of information network transmission right infringement,so as to better regulate the illegal behaviors of the network video industry,balance the interests of the copyright owner,the mobile terminal video aggregation operator and the network user,and promote the healthy and orderly development of the industry.