The Research On The Matters Of Copyright Issues Of The Wap Transcode

In recent years,since the widespread use of mobile terminals,especially smart phones,accessing and browsing Internet sites on mobile terminals has become the norm in people's life,and the amount of access by the mobile terminal has also greatly surpassed the personal computer terminal.However,the mobile terminal is limited to its hardware,software,wireless network link speed and other factors,so that a part of the web page that only supports the personal computer end can not provide a better browsing experience to mobile end.So many search engine providers and content aggregator service providers provide transcoding services,transforming Web pages into Wap pages which are suitable for mobile terminals.However,the act of transcoding often leads to the resentment of the original webpage copyright owner that its Wap pages transcoded essentially replaced the content of the original web page,and constitutes a violation of the right to copy and the right of the information propagation on network.The research on transcoding is not very comprehensive in the academic circle,especially on what copyright controlled behavior is involved in transcoding,which conforms to the elements of the controlled behavior.It involves the nature of temporary replication in the right to copy and the identification of “provide” in the right of information propagation.By combing the cases and documents in China and abroad,this paper compares and analyses the domestic and foreign legislative and judicial experience,and determines the legal nature of the code of transcoding in copyright infringement on the temporary reproduction and whether it constitutes the act of providing of the right of information propagation in the network.Then this article combing the domestic and foreign legislative process to comb the temporary reproduction behavior and the protection logic of the right of information propagation in the network,and then judge the legal nature of the transcoding behavior.Finally,through the analysis of the unfair competition of transcoding behavior,the necessity of the regulation of anti unfair competition law is discussed.