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Research On The Copyright Issue In Deep Linking

Posted on:2021-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2436330602997786Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of Internet technology,the progress of society,the dissemination and popularization of network communication technology,We enter into a era that everything is media,based on the technology of algorithms and big data system of media content polymerization,polymerized video platform,searching news aggregation platform is widely appeared in mass view,this is triggering a competition between traditional media and new media.On the one hand,it brings a great convenience to the development of network information,on the other hand,it also lead to a serious problem of copyright infringement.Video website,news aggregation behavior of the search site involves deep links to related problems,touched the violated the right of information network dissemination.The purpose of this paper is to conduct a preliminary study on deep links to copyright problems,to determine whether the infringement,at the same time,there are a lot of research scholars at home and abroad on this question,and it based on a lot of research and achievement made by domestic and foreign scholars,and then to summarize and deepen,the infringement problems are further discussed.The study of deep links is an inevitable outcome of the development of the contemporary era and relates to the legislative protection and development trend of intellectual property in the future.This article will analyze the causes of the problem,constitute the standard of infringement,the current situation and the prospect of the future several aspects of the discussion.This paper is mainly divided into four parts,the first part is an overview of the deep link,its basic concept,manifestation,the specific application of a brief introduction,at the same time,there is a brief answer to discuss the legal relationship between the deep link and the information network transmission right.The two and three part is the focus of this article,the second part mainly introduces the infringement of deep link behavior standard which is divided into the server,the user perception,material substitution,and with the corresponding case evidence,which leads to deep linking behavior tort type definition,mainly include direct infringement and indirect infringement.The third part is to evaluate the protection of deep link behavior,including the possibility of exemption: the principle of safe haven,the principle of red flag and the reasonable use.The communication between the anti-unfair competition law and the anti-unfair competition law includes the relationship between the two,the type of behavior and the particularity of application in the network environment.The protection status under the copyright standard includes the legislation and the judicial protection as well as the copyright protection status.The fourth part is a summary of the content of this paper,summarizing the problems and causes of the problems,and putting forward corresponding solutions,aiming at solving the existing problems through legal and non-legal means,reducing the occurrence of corresponding situations,and providing feasible Suggestions for the complete solution of the copyright problem in deep links.
Keywords/Search Tags:Deep link, Copyright, Communication of information network, Infringement
PDF Full Text Request
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