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Research On The Law Of Network Deep Link Copyright Infringement

Posted on:2020-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2416330578982661Subject:legal
Abstract/Summary:PDF Full Text Request
In today's world,"Internet","Big Data","Artificial Intelligence",etc.,as the "leaders" of the development of new-generation information technology,have brought about a profound and far-reaching impact on our production,life,economic development,social progress,and state management.Impact,it can be said that whoever masters the Internet will grasp the initiative of the times.However,with the full integration of network information technology into social life,not only has the global economy and interest pattern have a profound impact,but the global security landscape is also facing profound changes.The wave of informationization poses great challenges to network security and intellectual property protection.In the wave of informationization,how to effectively protect intellectual property rights and safeguard the legitimate rights and interests of relevant parties has become an important legal issue that needs to be solved urgently in the sustainable development of the Internet,big data and other technology industries or industries."Deep link" technology is a new resource aggregation method generated under the development of the Internet."Deep link" means that the chained website will provide the content stored in the linked website as the content of the website to the network user.The link set by the chain website is a link and means for providing the broadcasting service to the public.It can be said that the emergence of deep links has caused the distribution of interests of established websites to be reshuffled.As a new form of linking,due to the particularity of the object,from the very beginning,many legal disputes involving copyright infringement were triggered.Such as: the definition of the concept of deep link of the network,whether the deep link of the network constitutes the condition for the identification of copyright infringement,how to correctly understand the issue of the right to disseminate information on the network under the new situation,whether the network deep link is applicable to the "safe haven rules" problem,the network whether deep links should bear the corresponding legal responsibility issues,and how to construct a deep dispute resolution mechanism.It should be said that the existence and development of these problems has become the focus of the theoretical research and the practical discussion of the intellectual property involved in the "deep link" of China's legal scholars,especially in the field of copyright legal protection.From this perspective,this thesis deeply studies the emergence and development of network deep link technology and the content and norms of network information dissemination rights in China's copyright law through the typical cases of China's judicialsystem in recent years,and deeply explores the network deep link.Whether the behavior meets the requirements of copyright infringement,whether it constitutes unfair competition and whether it should bear the corresponding tort legal liability according to law,at the same time,this paper also summarizes and draws on its experience by introducing relevant foreign legislation and judicial practice.On this basis,the corresponding suggestions for the correct resolution of the legal infringement of copyright infringement in China's network are proposed.
Keywords/Search Tags:Deep Link, Right of Dissemination via Information Networks, Unfair Competition, Solution Mechanism
PDF Full Text Request
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