Research On Infringement Liability Of Video Aggregation Platform-

In the current era of mobile Internet,the communication mode of video works has undergone a fundamental change,aggregate infringement and network disk infringement are becoming increasingly common.Through hotlinking,the video aggregation platform makes it more common for the linked content to be directly presented in APP,which has a serious negative impact on the copyright holders who have spent huge copyright costs,and also has a huge impact on the traditional video copyright competition market.There are many disputes in the academic circle about The applicable standard of the right of information network dissemination of hotlinking behavior remains controversial in the academic circle,and there are different judgment results in the court.Compared with general deep links,hotlinking behavior has universality in application,subjective malice and difference in acquisition mode.Therefore,at the time of the revision of the copyright law,this paper attempts to classify the complex and diverse aggregation services.By using the hotlinking behavior with greater subjective malice and damage consequences as an example,this paper sorts out the major problems in its legal regulation and analyzes the tort liability of this behavior by taking the copyright infringement as the starting point,with the aim to provide ideas for the accurate attack on the infringement of the video aggregation platform.This paper is divided into three parts:introduction,main body and conclusion,of which the main body is divided into five chapters.The first chapter discusses the video aggregation platform and its aggregation behavior.Firstly,it introduces the business model and main characteristics of the video aggregation platform.The aggregation behavior mainly includes general deep links and framed links.At the same time,through the introduction of the technical principles and main characteristics of the hotlinking,which is the main research object of this paper.it is concluded that the damage consequences and subjective malice are evident,and that it is necessary to regulate this kind of links.The second part discusses the current legislative and judicial status quo of aggregate piracy.This paper briefly summarizes the legal provisions on links and technical measures in the Copyright Law,the Regulations on the Protection of the Right of Information Network Dissemination,and the Anti-unfair Competition Law.At the same time,the domestic judicial cases related to hotlinking should be searched as comprehensively as possible,and classified according to the results of the judgment,in order to sort out the main points of controversy in the judicial circle.Finally,through a summary,the paper puts forward the outstanding problems existing in the legal regulation of the hotlinking behavior in China at the present stage.The third part discusses the legal category and infringement standard of the right of information network dissemination.From the legislative background and legislative purpose of the right of information network communication,this paper makes clear the specific meaning of the behavior of "communication" and "provision of works" in the right of information network communication,and further probes into the boundary of the protection of the right of information network communication.At the same time,it makes a theoretical analysis of the standards for determining the behavior of information network communication,and then discusses the applicable standards that are most suitable for China,in order to lay a theoretical foundation for the study of the infringement of its illegal chain behavior.The fourth part discusses the copyright infringement liability of hotlinking,and the constitutive elements of indirect infringement and direct infringement respectively.On the one hand,only when the behavior of the linked website constitutes a violation of the right to disseminate information on the network,and the link provider has a subjective fault,it may constitute an indirect tort.On the other hand,the act controlled by the right of information network dissemination without the permission of the copyright owner constitutes a direct infringement of the right of information network communication.The hotlinking behavior satisfies the basic constitutive elements of tort liability such as illegal acts,damage consequences,causality and subjective fault,and should constitute a direct infringement of the right of information network dissemination.Through the analysis of the enlightenment of American legislation and judicature and the development of EU's "New Public Standard",the fifth part concludes that we should use the experience of other countries for reference,that is,adjust the connotation and extension of the right of information network communication,classify and standardize link behavior,and not only apply the server standard,but also transform from the completion of provision to communication in the regulation of the right of information network communication.In judicial application,the burden of proof mechanism should be used flexibly and scientifically calculation of the infringement damage in order to better regulate the illegal behavior of video aggregation platform.