Research On Copyright Infringement Of Aggregate Platform

In recent years,with the development of technology,the ways of information dissemination and access have changed fundamentally.Aggregation platform brings great convenience to users by means of information dissemination of "one-stop" ser vice.However,when aggregation platform provides users with faster access to information,it also brings a lot of controversy.Due to the lack of direct related provisions on aggregation platform in Chinese law,academic circles have formed different criteria for determining infringement of framed links.In judicial practice,courts in different periods and regions adopt different judgment standards,resulting in confusion in the application of law.The reason is that there are different understandings of the scope of power and control of the right to disseminate information on the network and the "act of providing".Firstly,in the second chapter,the definition of aggregation platform is given,and the running mode and its characteristics are analyzed.This chapter explains the basic information of the aggregation platform and paves the way for the analysis of the illegality of tort.Secondly,the original intention of the controversy is analyzed from the relevant provisions of the current law and different standards in the academic circles.Thirdly,through the four elements of copyright infringement,this paper makes a detailed analysis of whether aggregation platform constitutes infrin gement and which rights and functions infringe copyright.In order to clarify what kind of power is infringed,this chapter interprets the right of information network dissemination in detail under the copyright legal system of our country,and compares it with the "right of dissemination to the public" stipulated in the Copyright Treaty(WCT).Subsequently,the article examines the relevant laws and judicial practices of other countries,focusing on the United States and European Union countries.Finally,based on the theoretical analysis of the previous article,and drawing on the relevant legislation and judicial practice of foreign countries,this paper puts forward three suggestions to improve the infringement of aggregation platform in China.One is to expand the right to disseminate interpretation information on the Internet,focusing on "acquisition" so that it can cover the behavior of aggregation platforms.The second is to amend the right to disseminate information on the Internet and to change the provision of "provision" to "dissemination".Only a slight modification can solve the problem.It is also fully in line with the legal system of our country and will not cause confusion of various powers and functions.Fourth,learn from foreign legislative models,re-integrate various powers and functions,and establish a broader coverage of the "right to disseminate".For the standardization of aggregation platform,we should adhere to the principle of balance and moderation,not only to regulate the aggregation behavior,but a lso not to hinder the development of technology.In this way,we can take into account the interests of aggregation platform,copyright owners,linked websites an network users.Litigation is only a win-win cooperation is the ultimate goal.