A Qualitative Study Of Deep Linking Behavior

Deep linking not only promotes the dissemination of works,but also brings great challenges to the protection of Internet intellectual property rights.In response to the criminal nature of such linking behavior,the academic circles have formed two main viewpoints,namely the theory of innocence and the theory of guilt.Under the theory of guilt,it is divided into four types of views: the theory of the crime of copyright infringement and the theory of the crime of helping information network criminal activities.Taken together,there are three reasons for the above disputes: different interpretations of the nature of deep linking behaviors,different understandings of the legal interests infringed by deep linking behaviors,and different interpretations of the same legal term.After clarifying the reasons,the following qualitative theoretical basis can be established,that is,deep linking is a helping behavior of information network dissemination behavior,deep linking behavior indirectly infringes the copyright owner’s information network dissemination right,directly infringes the information network management order,and should make a decision on the same legal term.An interpretation consistent with the preposition method.Deep linking behavior has the necessity of criminal law regulation.Combined with the above theoretical basis,deep linking behavior can be classified and qualitative: according to the different chained objects,deep linking behaviors can be divided into deep linking behaviors where the chained objects are legal works and deep linking behaviors.The chain object is the deep link behavior of the infringing work.For the former,it is generally not a crime of copyright infringement.If the perpetrator also implements the behavior of circumventing and cracking technical measures for the purpose of deep linking,according to the provisions of Article 217(6)of the Criminal Law,the perpetrator shall may constitute a crime of copyright infringement.For the latter,if it is identified as a helping act of information network dissemination,it can be evaluated as the crime of helping information network criminal activities,but if it can be clearly proved that the chain maker and the chain person have a common criminal intent In the case of contact and the person being chained constitutes a crime,deep linking also constitutes an accomplice in the crime of copyright infringement.According to the provisions of Article 287 bis,paragraph 3 of the Criminal Law,the crime shall be convicted and punished according to the crime with heavier punishment.