Research On Infringement Identification Standards Of Deep Link On Network Aggregation Platform

Deep link technology of the network aggregation platform has further broadened the network information transmission channels and improved the efficiency of information transmission.The number of infringement cases of deep link of network aggregation platform is increasingly growing which,at the same time,has drawn much attention by public.The standards of deep link infringement of network aggregation platform are different and controversial.The fundamental divergence between these standards is the identification of the act of providing network copyright works.The server standard holds that if the linked content exists on the server of the linking website,the linked website will be deemed to have committed infringement by providing network copyright works.Although this standard cannot keep pace with the rapid development of the Internet due to its own limitations,it focuses on the mode of linking behavior and objectively can accurately characterize the behavior,which can be used as an auxiliary standard in the identification of deep link infringement.User perception standard judges whether linking websites provide network copyright works from the perspective of network users,so as to determine whether linking websites provide network copyright works.This standard mainly judges whether linking websites constitute infringement from the perspective of network users,which is subjective in nature and cannot objectively and comprehensively and accurately evaluate behaviors,so it is not suitable to be used in deep link infringement judgment.According to the substantial presentation standard,if the behavior of deep link allows users to directly obtain network copyright works by presenting network copyright works directly on the linking web pages,thus making it gains substantial benefits,it can be considered that the linking website implements the act of providing network copyright works.This standard evaluates the act of deep link from both subjective and objective aspects,which is more rigorous than other standards.Although this standard has the disadvantage of judging whether the link setting behavior infringes by focusing on the consequences of the behavior,it can still be used as the main infringement identification standard,the server standard being auxiliary standard makes up for the shortcoming of substantial presentation standard.The substantial substitution standard holds that as long as the act of linking website providing network copyright works by using deep links achieves the same effect as that of providing works by the right holder of the original works,that is to say,the linking website has implemented the act of providing network copyright works,Although this standard takes into account whether the act of linking produces the effect of substantially replacing the benefit of the right holder,it still cannot avoid its drawbacks.Therefore,it is not suitable to be used in deep link infringement judgment.Therefore,"Based on the substantial presentation standard with the server standard as an auxiliary standard" has relatively been a reasonable standard so far.The mode combining the two standards can be adopted to judge the infringement of deep link,which can promote the innovation and development of Internet technology and meanwhile take into account the interests of multiple parties under the condition of ensuring fairness.