Video Aggregation Class APP Legal Analysis

Based on the sohu video v.guava film infringement,le miniaturization: 100 TV hd player infringement,i QIYI v."TV cat More TV" infringement of introduction,clarify the video standards in the legal practice and aggregation App infringement evidence standard.Then expounds the concept and operation status quo of video Aggregation App,clear video polymerization App is provided by the web service,it faces legal risk is whether the deep links constitute infringement and whether constitutes unfair competition.Then this paper discusses the network service providers tort issues,and expounds the principles of infringement,server,user perception,the new public standard,issued from the supreme people's court confirmed that the standard of "legal".The current video Aggregation App in the "legal standards" is held by the court,namely in the holder of the preliminary proof after the network service provider to provide the related work,the burden of proof,the network service provider should be proof "only provides network services,and without fault" to escape.If the network service provider does not provide evidence that would be considered to provide content services,direct infringement liability.Can prove that only provides the network service,but abet or help fault(should know or knowingly),for a common infringement and indirect infringement liability.If the holder of the implementation to avoid or destroy protective measures,to remove before or in the advertising behavior,will be considered ACTS of unfair competition,shall bear tort liability.Through the court precedents and legal analysis,induces the holder of the violation of copyright or ACTS of unfair competition rights should consider factors,polymerization video App not tort shall meet the conditions;And video polymerization App to reflect on the phenomenon of infringement problem,think that should change the compensation standards and the introduction of punitive damages system,in order to achieve the purpose of the containment and malicious intentional torts.