Research On The Legal Application Of Video Aggregation Platform Infringement

With the rapid development of Internet technology,various types of network aggregation platforms that provide "one-stop" have also appeared.However,more and more network aggregation platforms have been sued for alleged infringement,especially video aggregation platforms.In the judicial practice,the infringement cases of the video aggregation platform emerged in an endless stream,but the cases were the same while the results of the judgments were quite different.Firstly,different courts have made different refereeing results on the question of whether their video aggregation behavior constitutes copyright infringement.On this basis,in recent years,the court has found in the judgment that video aggregation behavior constitutes unfair competition.In this paper,the author mainly adopts the method of empirical analysis to study the typical cases in judicial practice,and then deeply explores the nature and identification path of the infringement behavior of the video aggregation platform,in order to help the judicial practice.This paper is divided into four parts: The first part begins with the typical cases,which analyzes,introduces the typical cases of different judgments on the infringement of copyright in the video aggregation platform,and proposes that the judicial practice and the theoretical circles in China recognize the copyright infringement of the video aggregation platform.The controversy includes two questions: One is how to legally identify the aggregated link behavior of the video aggregation platform;the other is to judge whether the video aggregate link behavior infringes the information network communication right of the copyright owner of the video work.The second part defines the scope and unified premise of the video aggregation platform discussed in this paper,so that the content discussed below can cover all the cases of infringement identification and regulation of the video aggregation platform within the scope,and then aggregate the video on the video aggregation platform within the scope.The behavior is characterized and clarifies the legal nature of video aggregation behavior.The third part is about whether the video aggregation behavior constitutes copyright infringement and how to apply the copyright law for behavior regulation.Analyze the relationship between Article 12,Section 12 and Article 48 of the Copyright Law,and trace back to Article 8 of the WCT of the International Source Treaty,“The Right to Dissemination to the Public”,in order to explore the specific connotation of the right to disseminate information networks.Then specifically analyze the current three specific judgment criteria,pointing out the drawbacks of the "server standard",and applying the "substantive presentation standard" is more in line with the legislative purpose and the requirements of judicialpractice.The fourth part discusses the court judgments in practice and discusses whether the video aggregation platform constitutes unfair competition.On the basis of analyzing the intrinsic link between the Copyright Law and the Anti-Unfair Competition Law.It analyzes the shortcomings of applying the second "general clause" in the current practice,and the twelfth article of the "Internet Special Article" after the revision of the law.The identification of video aggregation behavior has a certain impact,focusing on the specific regulatory path of the “Internet Special Article” under the new law for the infringement of video aggregation platforms.