Research On The Infringement Of The Information Network Transmission Right By The Aggregation Platform Of Film And Television

With the rapid development of the Internet,the film and television aggregation platform emerges at the right moment.Although the services provided by this kind of platform bring convenience for users to watch,its deep link behavior has attracted great controversy.There are many views in the academic circle of the identification standard for the infringement of deep link,among which the widely recognized standards are substantial presentation,substantial substitution,server,and user perception.In the trial process of specific cases,the judges hold different opinions on what standards should be adopted to judge the infringement of deep link behavior.In the existing effective cases,there are many cases with different judgments in the same case,which leads to the confusion of the current law application of such issues.In essence,the main problems of judging the infringement of information network communication right are as follows: first,the essence of the infringement of deep link of the film and television aggregation platform.This article will elaborate the author's viewpoint through five parts,and second,which standard should be used to judge the infringement of information network communication right.In the first part,it summarizes the research background,research significance and purpose,research status at home and abroad,as well as the main content and research methods of this paper.The second part,through sorting out the cases of infringement of the information network transmission right by the film and television aggregation platform,typical cases are selected for summary and analysis,and the common dispute focus of representative cases is extracted,from which the author's in-depth thinking on such issues is drawn.The third part,first introduces the operation mode of the aggregation platform of the film and television,then explains the concept and classification of deep link behavior,the difference between deep link and common link.The last part of this chapter explains the identification of infringement nature of the film and television convergent platform's deep link,whether the behavior of convergent platform is direct infringement or indirect infringement,and the necessity of distinguishing the two.The fourth part discusses the four standards that determine that the deep link behavior of the film and television aggregation platform infringes the right of the information network transmission,and further explains the rationality of the substantive presentation standard by focusing on the limitations of the three standards of material substitution,user perception and server.The fifth part,from the legislative and judicial levels and the autonomy of the network film and television industry,puts forward Suggestions to improve the system of network communication right infringement by the film and television aggregation platform.This paperfocuses on the infringement of the right to information network communication by the film and television aggregation platform.Taking typical cases as the research object,the paper analyzes the essence of the deep linking behavior of the film and television aggregation platform.Compare the advantages and disadvantages of the standards for the identification of infringement of deep link behavior on the film and television aggregation platform;From the qualitative perspective of the in-depth link infringement of film and television aggregation platform,this paper analyzes in order to clarify the legal nature,better regulate the network market,and actively seek the balance of interests,so as to make the network film and television industry healthy and orderly development.