Research On The Identification Standard Of Deep Link Infringement Of Information Network Communication Right

Deep link refers to the user click the link to the direct page without a jump,we can get the linked works,which infringe the legitimate interest of the right people.In practice,infringement disputes caused by deep links are increasing day by day.Due to the different identification standards of deep link violation information network transmission,the trial results are not the same in judicial practice.Therefore,it is urgent to explore a unified standard for determining infringement.This article is mainly divided into four parts.The first part through the analysis of a Tencent sued Yilian Weida Company" raise the problem that needs to be discussed.The problem is that the standard of infringement is different.The second part analyzes the advantages and disadvantages of each standard.Among the standards,"server standard" is objective but is unable to solve all the dispute;The substantial replacement standard relies too much on the justice of the judge."Substantial presentation standard" can not only protect the interests of the right holder,but also make it rationalization through the exception situation.In my opinion,"Substantial presentation standard" is the suitable standard for solving the problem.The third part mainly analyzes the factors affecting the determination of infringement.Taking two theories which are "Introducing the concept of time and space into the communication source theory" and "the new public standard" as the cornerstone,affirm that the behavior of setting "deep link" destroying technical measure is work offer behavior;"Deep linking" has reached the level of controlling the content,so it is offer behavior;besides "deep linking" cause the work communicating to the new public.Therefor setting "deep linking" is infringement act and infringe the information network communication rights.The standards formed by these factors are closer to the substantive presentation standards,so the author believes that the substantive presentation standards are the main criteria forjudging deep links whether infringe the information network communication rights or not.The fourth part demonstrates the rationality of the substantive presentation standards again and author promotes the innovation of network technology through system design.