Research On Copyright Infringement Of Deep Linking In Network Aggregation Platform

The rapid development of Internet technology has spawned a new way to obtain network information,a new network aggregation platform has emerged which can bring together a large amount of information and provide one-stop access to the information.This type of platform mainly uses the deep-links technology which can classify and edit works stored on the other website.Users click on the link and get information directly,it's not need to jump to the chained website.This kind of access to information brings convenience to users,but also easily lead to infringement at the same time.On the nature of the infringement,the theoretical community and the judiciary have long been controversial,including whether it constitutes copyright infringement,direct infringement or indirect infringement,judging the application of public perception standards or server standards,chain sites should bear higher duty of care,etc.The questions are inconclusive.Based on this situation,this paper argues that it is necessary to discuss these debates and make suggestions for improvement.The article has five parts.Introduction part briefly outlines the development of the network aggregation platform,the nature of the deep-links and the controversy.The first chapter introduces the basic situation of the network aggregation platform,including the main classification,behavior characteristics and technical characteristics.The second chapter introduces four main controversial points of infringement,including the dispute between copyright infringement and unfair competition infringement,direct infringement and indirect infringement dispute,content supply and service provision dispute,public perception standard and server standard dispute,and puts forward more reasonable basis for infringement.The third chapter analyzes the tort liability of the platform from three aspects:subjective fault,illegal behavior,damage result and causality.The forth chapter puts forward some suggestions on the refinement of the platform,including the introduction of substantive presentation standards,clearing the duty of attention of the platform,and encouraging the right holders to establish cooperative relations with the network aggregation platform.