It has always been controversial whether deep linking constitutes network communication of information.In judicial practice,applying different qualitative criteria often leads to different judgments in the same case,so it is urgent to make clear the relationship between deep linking and network communication of information,and select the appropriate legal path to regulate this behavior.This dissertation will discuss this question in order to provide useful help to solve the problem.This dissertation is divided into five chapters.The first chapter introduces the background of problem and the research method in this paper.Then it introduces the concept and common classification of deep linking.Finally,by reviewing the domestic and foreign cases in recent years,it puts forward the research idea.The second chapter points out that the key to define network communication of information is to make works disseminate rather than upload the works to the server.The third chapter explains the reason of deep linking constitutes network communication of information.Firstly,deep linking has essentially spread the work.Then it has directly broken the control relationship between the rights holders and the communication of the works in the network.Finally,expounding the lost interest of linked sites is copyright interests,and using legal logic reasoning rules to prove that deep linking is network communication of information.The fourth chapter points out the shortcomings of applying the article 48 in Copyright Law,article 2 in Anti Unfair Competition Law and the joint tort theory.The fifth chapter puts forward some suggestions to regulate deep linking.For one thing,determine deep links to directly invade information network propagating right under the copyright law,and avoid using other laws to regulate deep linking.For another,merge broadcast rights and information network propagating right into “right of Communication to the Public”. |