Research On The Deep Linking Infringement Recognition Of Video Aggregation Platform

The rapid progress of information technology has accelerated the emergence of new business models.In recent years,video aggregation platform has emerged quietly,and its "one-stop" service has brought great convenience to users.However,the deep linking technology used in video aggregation platform has been controversial.On the one hand,deep linking technology has greatly weakened the copyright owners' control over the ways and means of dissemination of their works.On the other hand,it also makes some "pirates" feel "like a tiger adding wings",and the infringement disputes are increasing year by year.The value of studying the infringement of deep links in video aggregation platform lies in that it can effectively protect the legitimate interests of copyright owners and genuine video websites,provide unified guidance for the judicial decisions of courts,avoid different judgments in the same case,promote the legislative development of the regulation of deep links,and help to improve the copyright-related system of our country.This paper is based on the analysis of infringement identification of deep links in video aggregation platform,which is divided into four chapters.Chapter1 clarifies the concepts,characteristics and classification of video aggregation platform and deep links,and clarifies the harms brought by the combination of video aggregation platform and deep links.In the second chapter,firstly,the infringement disputes caused by deep links of video aggregation platform are mainly copyright disputes and unfair competition disputes.Then it puts forward the problem of tort identification in these judicial cases.Firstly,the dominant position of video aggregation platform is not clear.Academic circles have formed two completely different views on it: network service providers and network content providers,which are directly related to their responsibilities.Secondly,there are divergences in the theoretical and practical circles about which standards are not uniform in the determination of tort,and the differentstandards of determination also lead to confusion in the application of law.Thirdly,the amount of compensation awarded by the court to such disputes is low,which makes it difficult to make up for the loss of the obligee.Chapter three combines extraterritorial cases to discuss the mode of identification of deep link infringement in the United States and the European Union,with a view to drawing feasible experience from it.The last chapter responds to the above three questions respectively.Firstly,the author interprets the "act of providing" in the right to disseminate information on the Internet,clarifies that the deep links provided by the video aggregation platform belong to the act of providing,then locates them as content providers,and analyses their legal liability from the elements of infringement.Secondly,from the perspective of interests balance,the rationality of adopting substantive presentation standards is analyzed.Compared with the current two standards,it is more conducive to balancing the interests of all parties.It can not only effectively protect the interests of video websites chained,but also will not hinder the healthy development of video aggregation platform.At the judicial level,the Supreme People's Court issued judicial interpretations and issued guiding cases.Finally,it puts forward practical suggestions on perfecting the legal compensation system of copyright and introducing the punitive compensation system of copyright,so as to break the dilemma of insufficient compensation relief.In order to effectively guarantee the rights and interests that copyright owners should legally enjoy,maintain the balance of interests between copyright owners and network communicators,and protect the reasonable and healthy development of the video industry.