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Research On Deep Link Legal Issues In Video Aggregation Platform

Posted on:2021-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LuFull Text:PDF
GTID:2506306293481444Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of modern computer technology,users’ demands for various video resources are also expanding.What has emerged is the emergence of video aggregation platforms.Video aggregation platforms brings together different URLs and other video apps.One-stop access to different content,so that network users can watch their works without having to navigate through various platforms.The operation of the video aggregation platform is inseparable from the deep link behavior.The deep link behavior can network users to directly watch video resources when clicking on a link,without having to jump to a video page.After the network user searches for keywords in the video aggregation platform.The content is probably also carefully screened,organized,or edited through deep linking behavior.The video aggregation platform uses a lot of deep link technology.At the same time,the rapid development of this technology has also caused the infringement liability in copyright law.Many video aggregation platforms showed various video resources and works to network users through deep links without purchasing the copyright of the original copyright owner.In this way,you can obtain the traffic,advertising revenue,and user viscosity of your platform,but it has violated the interests of the original copyright owner and the right holder who is licensed to use it.The legal issues related to deep links in the video aggregation platform have different perspectives in judicial practice and theoretical circles.Among them,the legal nature of deep link behavior,whether infringement,the definition of the type of infringement,the reasons for exemption and the way of bearing responsibility are all different.It is worth discussing by scholars.In the first chapter of this article,three cases are selected to analyze the forms of different deep links that are more common today.By comparison,three controversial points are summarized: first,does deep link behavior infringe on the right of information network transmission;second,definition of the types of infringement of deep link infringement in judicial practice;third,the exemption clause and liability of deep linking.By proposing these three focal issues,this article explores the legal issues of deep linking in video aggregation platforms.In the second chapter of this article,we begin to analyze the relevant jurisprudence,from the perspective of analyzing the four elements of deep link infringement,and discuss in court practice that the court believes that the deep link behavior does not constitute infringement and what type of infringement Define and distinguish,whether deep link behavior is suitable for the safe harbor principle,and responsibility for deep link behavior.I hope that deep link behavior can be further explored in law.In the third chapter of this paper,the corresponding conclusions are drawn through the analysis of the legal focus of the above-mentioned case disputes.Especially in the question of whether deep link behavior infringes the right of information network transmission,China has not yet reached a unified conclusion.It is precisely because everyone’s identification standards are different that the conclusions will be different.Whether it is the traditional "server standard" or the later "substantially substitute standards","legal standards","subsequent provision standards",etc.The right of information network dissemination should also return to its legal standards,and further discussion and processing should be conducted on top of the legal standards,which cannot leave the essential requirements of the Tort Liability Law.
Keywords/Search Tags:video aggregation platform, deep link behavior, information network propagation right, constituent elements
PDF Full Text Request
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