Analysis On The Infringement Of Barrage Video Websites

The rapid development of the internet provides more possibilities for enriching people's lives.The appearance of barrage video websites open a new mode of video sharing——Look at video and send a “text barrage” to make fun of it.But at the same time,barrage video websites are often used for illegal links,and infringement of works' information network communication rights,they were taken to court by copyright owners of many works.At present,there are a lot of research and judicial practice on infringement of internet service providers,infringement of search link and infringement of traditional video sharing websites,there are various viewpoints in determining whether the network service provider implements the information network communication behavior of works,whether it is applicable to the principle of “safe harbor” rules,and the treatment of infringement “notice” and so on.However,there is not much research on the infringement problem of barrage video websites.This paper is to analyze two types of infringement and cause of barrage video websites by using literature research,empirical analysis and comparative analysis.In the aspect of direct infringement,focusing on the comparison criteria of “providing” behaviors for the four categories of “server standard”,“user perception standard”,“substantial substitution standard” and “substantive presentation standard”,and the “substantive presentation standard” is used to analyze that barrage video websites do constitute infringement.In the aspect of indirect infringement,it is mainly analyzed from two aspects,whether the barrage video websites lure and insult users to commit infringement,or whether the barrage video websites provide help for users' infringement.This paper respectively proposes solution to the two types of infringement types of barrage video websites.On the one hand,from the perspective of direct infringement,this paper puts forward some suggestions on the criteria for “providing” behavior,enhancing the independent copyright content of barrage video websites.On the other hand,from the perspective of indirect infringement,this paper puts forward suggestions to strengthen the supervision of content copyright of barrage video websites,improve relevant legal provisions,these suggestions will provide reference for solving the infringement disputes of barrage video websites,and promote the healthy development of the network environment...