| Nowadays,watching popular film and television works through the Internet has become a common leisure way for many network users.However,due to the different ownership of film and television works,it is difficult for mainstream video websites to provide users with all the popular film and television works.In this context,a video aggregation platform that is known for its collection of film and television resources across the entire network and meets the needs of users for fast viewing of movies has developed rapidly.However,the deep link technology used by it has been strongly condemned by the copyright owner of the work and a third party with legal authorization due to the wanton expansion of the dissemination path of the film and television works and the expansion of the dissemination scope of the works,which has caused continuous infringement disputes.Taking the difference of technologies adopted by video aggregation platforms as the distinguishing standard,it can be divided into two types: applicable ordinary linking technology and deep linking technology.The main cause of copyright infringement disputes and academic disputes is the video aggregation platform using deep linking technology.The deep link technology provides users with a sensory experience due to the perfect reproduction of video playback,which is essentially the act of "providing" the work.It is legally valid to attribute the video aggregation platform using this technology to the "network content provider".At present,although the common infringement identification standards in judicial practice have their own merits,they all have flaws,while the substantive presentation standards are based on abandoning the defects of each standard and draw on the best of others,have the objectivity of the server standard,and absorb the "user experience" in the user perception standard."This key element,based on the advanced thinking of inheriting the substantive replacement standard,and eliminating the unreasonable relationship between the characterization of behavior and the acquisition of benefits,is the most preferred standard for infringement determination under current technical conditions.At the same time,the original intention of the establishment of the right of information network communication is to protect the "dissemination" of works,and"dissemination" should not be shackled by the single means of "providing".The video aggregation platform disseminates its works without the permission of the copyright owner,and allows the work to disseminate from the preset path,which directly infringes the relevant interests of the copyright owner and the legal authorized person.The copyright law is appropriate for regulation.Finally,in order to reduce the legal risks caused by the development of science and technology,before the law is not fully extended,it is recommended that the Supreme People’s Court promulgate judicial interpretations in a timely manner,issue guiding cases,and standardize the court hearing process,so as to solve the problem of the rapid development of technology and the relative stability of the law in the future.Provide a demonstration of the conflict between. |