| The progress of science and technology has caused a profound impact on the development of human society,but also brought a severe test to the existing legal system.In this era of rapid development of information dissemination,in order to enable the public to get hot information faster,news aggregation platforms rely on RSS,search-type aggregation mode and other technologies to capture and gather news information on the Internet,and push it according to users’ preferences,forming a new network management mode.In the news aggregation platform,not all news content can be protected.According to the current Copyright Law,"simple factual news" is excluded from protection because it is not original,and the fair use system is adopted for the current articles with social public nature.Only the original news content that can be tangible and fixed can be called news works.This paper starts from the traditional infringement modes of "reprint infringement" and "copy infringement" in the current news aggregation platform,and focuses on the analysis of the most controversial new infringement challenges in the news aggregation platform,namely "deep link" and "transcoding and temporary copy".This paper discusses the possibility of practical application of the existing disputes on the theory of ascertaining tort,and analyzes the application of copyright disclaimer in news aggregation platforms according to the actual situation of our country.Due to the lagging copyright protection concept in China,news works have not given full play to their value maximization.Therefore,it is necessary to learn the advanced experience of infringement protection of news aggregation platforms in foreign countries and regions,reflect on whether it can be applied to China’s judicial practice,and explore the platform infringement protection measures suitable for China’s national conditions.Finally,this paper proposes suggestions to perfect tort protection of Chinese news aggregation platform from four aspects.First,the anti-unfair competition law is introduced as the supplementary protection of the news aggregation platform object which cannot be protected by the copyright law.Secondly,from the aspects of legislation,judicature and industry autonomy,the infringement of "editing" existing in news aggregation platforms should be comprehensively addressed.Third,take technical measures to regulate technology by technology;Fourthly,in light of China’s actual conditions,it is clear that "temporary copying" is the content included in the right of copying,and additional provisions are made on the part that can be reasonably used. |
