Website Hotlinking Tort Criminal Law Research

In recent years,with the rapid development of network technology,Internet live broadcast,short video and other Internet 2p2 platforms have seen an explosive growth in users.Internet service providers have played a decisive role in the development of the Internet industry,and meanwhile have become necessary technical tools for network crimes."2345 hot broadcast" website hotlinking infringement case is the first case of infringement of video website by criminal sanctions,is also the first case of personal use of P2 P network technology through the website infringement of intellectual property rights by criminal punishment.Technology is neutral network technology provider for legal regulation must be considered one of the important legal issues,the rule of the civil law standard is relatively perfect,such as setting a haven,red flag,etc.,but the theory of criminal law applicable to technology neutral principle of criminal law is not clear,to this principle in the judicial practice of judicial application is the lack of a complete explanation,therefore,study of technology neutrality principle of criminal law is very necessary.Since 2005,the national copyright administration,in cooperation with the ministry of public security and the ministry of industry and information technology,has launched a special action against online piracy of video.This case is also the first online piracy infringement case of video handled by Beijing procuratorial organs since the "sword net" action launched by the ministry of public security.Based on the "2345" hit the site hotlinking case as an example,the "2345 hit" website use baidu video piracy infringement caused by research on the legal issues,the introduction of neutral network technology help behavior can be imposed on discussion and analysis,and then to neutral network technology help behavior regulation law of the criminal law status and existing problems are discussed,and put forward Suggestions to improve it.This paper is divided into four parts in structure.The first part mainly introduces the research background and significance,domestic research status,and foreign research status in combination with judicial practice.In the second part,the author selects the first case of criminal sanction for infringement of video website in China and the first case of criminal punishment for infringement of intellectual property rights throughwebsites by individuals using P2 P network technology in China--hotlinking case of "2345 popular website".Taking this case as the starting point,the author analyzes the dispute focus of the case.The third part analyzes the factors that should be considered in dealing with such cases under the current judicial theory and practice.The fourth part analyzes the case as a whole from the unique perspective of the third-party intermediary platform,and points out that there are various problems in the regulation of the criminal law of net neutrality helping behavior in China.Finally,some Suggestions are put forward to perfect the criminal law of net technology neutrality.It is hoped that this paper can provide a better reference value for preventing overextending the scope of criminal punishment of network technology service providers in practice.