Criminal Law Regulation Of Deep Linking Behavior

Network link is widely used in daily life.Through deep linking,the link setter violates the legal control of the right holder over the works,grabs the property rights that the right should enjoy,destroys the order of intellectual property management,and causes great harm to the society,mainly violating the crime of copyright infringement in the criminal law.The means of punishment and relief of the preemptive law are limited,which is not enough to deter and prevent the infringer.At present,the judicial organs usually apply the crime of copyright infringement to regulate the deep link behavior,but the interpretation of the law is obviously insufficient.The theoretical research on the regulation of deep linking behavior in criminal law needs to be further deepened.The determination of the legal nature of deep link behavior is the prerequisite for its criminalization.Under the principle of unity of legal order,the nature of the deep link behavior should be determined according to the basic concepts in the preceding law,according to which it can be determined that the deep link behavior does not belong to the copying and publishing behavior.Deep link behavior constitutes the behavior of providing the content of works to the public from the three levels of norms,practice and technology,and it oversets the right holder’s control over the works through authorization,which conforms to the original intention of legislation of the right of information network communication.Therefore,it should adopt the material presentation standard to identify deep link behavior as the behavior of information network communication.At present,both from the Angle of accomplice and through the creation of new crimes can not reasonably solve the problem of copyright criminal law protection brought by deep link behavior in the network environment.Therefore,effective criminal regulation of deep link behavior should be carried out within the scope of legal interpretation.Deep link behavior conforms to the requirements of information network communication behavior in form,and infringes the legal interests protected by the crime of copyright infringement in essence,so it is justified to identify it as the crime of copyright infringement.In order to take into account the protection of copyright and the free circulation of information,we should properly grasp the incrimination limit of deep linking behavior,and leave enough space for the development of technology.In accordance with the principle of balance of interests,deep linking within the scope of fair use,statutory licensing and technology neutrality,as well as setting deep linking to open works,does not constitute a crime.Adhere to the position of consequence crime,comprehensively investigate the amount of illegal income and serious circumstances,and scientifically construct the judgment standard of crime in cyberspace.In order to motivate the network service platform to operate in a standardized manner,avoid criminal risks,and give full play to the crime function of criminal compliance,the aggregator platform that meets the compliance requirements can be dealt with based on the conditional non-prosecution system.