Research On Deep Link Infringement Of Video Aggregation Platform

With the booming development of Internet linking technology,a wide variety of cultural products are being shared and disseminated by people.Among them,the deep linking technology applied by a few online platforms allows users to reduce the number of times they switch between multiple websites and go directly to the most specific target place of works,providing a convenient way for people to obtain the works they need.The development of the Internet and the application of linking technology,this change has also brought new challenges to the traditional copyright system in China.The conflict between three parties(the copyright owner,the linked website,and the website that set up the link)has escalated,leading to many copyright infringement disputes.In legal practice,the appearance of "different decisions in the similar cases" often happens,and the reason for this phenomenon is that there is still a big controversy between the academic and practical circles on the criteria for determining the infringement and the characterization of deep linking,which makes the issues arising from the use of deep linking technology a hot topic in domestic intellectual property rights.This has made the issues arising from the use of deep linking technology a hot topic in domestic intellectual property rights.The article analyzes the infringement issues in deep linking from various perspectives and gives reasonable opinions,in an attempt to achieve a balanced situation of technological development and intellectual property protection.The positive significance of studying deep linking infringement is mainly: in practice,it effectively protects the legitimate rights and interests of copyright owners and genuine websites;in judicial aspect,it can reduce the situation of different decisions in the same case and provide theoretical support for the courts to make judicial decisions;in the theoretical aspect,it can also promote Chinese legislation to formulate relevant norms regulating deep linking behavior as soon as possible,so that China’s copyright system can be more Theoretically,it can also promote China’s legislation to formulate relevant norms to regulate deep linking as soon as possible,so that China’s copyright system can be more sound.Focusing on the main theme of this paper,the article will focus on four major parts,including the theoretical overview of deep linking behavior,the analysis of the definition of nature,the analysis of infringement types,and the investigation of duty of care.The first part mainly elaborates on the behavior pattern of video aggregation platforms,firstly,the legal scope of linking behavior of video aggregation platforms is divided,then the differences between deep links and ordinary links are analyzed,and finally,the problems related to the generation of deep links are focused on.In order to balance the rights and interests of all market players and to achieve a balanced state of technological development and intellectual property protection,attention needs to be paid to issues such as the infringement determination of deep links.The second part focuses on clarifying the nature of deep linking behavior.Firstly,the right of information network communication has been interpreted differently by different scholars,especially the determination of "providing behavior",which has led to various standards of infringement.Server,user perception,and substantial substitution are the standards often chosen by courts in cases of infringement disputes arising from deep linking.The inconsistency of the determination standards has caused the situation that the interests of copyright owners are not effectively protected,and the healthy development of the video industry is indirectly affected.Therefore,I suggest that the judicial interpretation should be adopted to unify the specific standards for judging infringement.After discussing the pros and cons of the above three standards,the author believes that it is more reasonable to apply the substantial substitution standard to determine the nature of deep linking acts performed by video aggregation platforms.The article also provides a more detailed discussion and explanation of the connotation and advantages of the substantial substitution standard,which fully demonstrates that the standard can be universally applied in judicial practice.Secondly,experts and scholars have paid more and more attention to the issue of identifying the nature of deep linking line of video aggregation platform,but still wavered between identifying it as the act of providing content and providing technical services.After analyzing the theoretical knowledge,it is believed that it is more scientific and reasonable to recognize deep linking behavior as information network communication behavior according to the law,which should be regulated by the right of information network communication.The third part analyzes what kind of infringement the deep linking behavior implemented by the video aggregation platform belongs to.Starting from the classification of infringement acts,this paper analyzes whether the deep links set by video aggregation platforms belong to direct infringement or other forms of copyright infringement,because different types of infringement will determine different degrees of infringement liability of video aggregation platforms.Based on the interpretation of the type of infringement and the analysis of the linking behavior implemented by the video aggregation platform,the reasonableness of the platform constituting direct infringement is analyzed from the elements of infringement liability,and the linked website should be held liable for compensation.The fourth part focuses on the defenses of video aggregation platforms and the duty of care in setting deep links.First,according to the views of different scholars,some advocate that the video aggregation platform that implements deep linking is a network service provider,so it can be exempted from liability by applying the "safe harbor" rule,however,some scholars believe that the platform does not belong to the subject of the "safe harbor" rule,mainly because the main body of the platform is positioned as the content provider.The opposite view is that the video aggregation platform is a network content provider,and the infringement should be considered as direct infringement,so it does not belong to the applicable subject of "safe harbor" rule.In this paper,after interpreting the source and connotation of the "safe harbor" rule,it is clear that the main status of the video frequency convergent platform belongs to the internet substance supplier,and the "safe harbor" rule cannot be applied as a cause of exemption.Second,based on the deep linking application technology developed by the video aggregation platform compared to the general Internet service providers,the degree of control over the content of video works is higher,therefore,the video aggregation platform should set a higher duty of care,so that it can become a qualified Internet manager,maintain the normal operation order of the Internet space,and provide a safe environment for the high-quality video resources that exist in the Internet space,so that the public can enjoy online content more easily.The public can enjoy online video resources more easily.Finally,in the concluding part,the author expresses that he does not hold an all-negative attitude towards deep linking,and that new things will inevitably have adverse effects while promoting social development,but a reasonable understanding of new technologies and the benign application of such new technologies with expanded thinking is the right path to protect the legitimate interests of copyright owners,and thus effectively promote the overall healthy development of China’s network industry.