Abstract
In the era of infringement 3.0, deep linking has become a typical behavior of network communication, and disputes frequently occur. However, since its inception, deep linking has always been in a gray area between legal and illegal, causing the court to find itself in a dilemma in determining the infringement of deep linking. Therefore Clarifying the related issues of deep link infringement determination should be the proper meaning of advancing copyright protection in China. Through the case analysis and empirical research on the judgment documents of Chinese courts in the past ten years, we can understand the basic situation of its legal regulations, including the geographical distribution, time distribution, and right object distribution of judgment documents. Then sort out that in judicial practice the identification standards for deep link infringements have not been unified, the space for indirect infringements is insufficient, complexity of consideration factors of trial results, and the evaluation of mixed technicality for difficult problems related to the evaluation of technology use behavior. Finally, it is suggested that “providing works” should be used as the identification standard, to clarify the legal rights basis of the works of the chained party, to improve the burden of proof by the parties to the deep link, and to improve the scientific system for identifying infringements of the deep link.
Highlights
The development of Internet technology promotes the innovation of information dissemination mode, which mainly changes from traditional replication communication to digital technology communication
Users can obtain the works without visiting the web page or client of the chained party, so that the transmission interests of the chained party, such as the click through rate, traffic income, advertising income, etc., are transferred to the chained party, which leads to the academic debate on whether it infringes the information network communication right of the chained party
The discussion on the nature of deep links has been a hot topic in academic research, and the identification of deep link infringements affects the scope of application of the right of information network dissemination
Summary
The development of Internet technology promotes the innovation of information dissemination mode, which mainly changes from traditional replication communication to digital technology communication. Users can obtain the works without visiting the web page or client of the chained party, so that the transmission interests of the chained party, such as the click through rate, traffic income, advertising income, etc., are transferred to the chained party, which leads to the academic debate on whether it infringes the information network communication right of the chained party. This paper is based on the empirical research and case analysis of court judgment documents in China in recent ten years. It explores the current situation of deep link infringement identification in current judicial practice, and examines the complex relationship between the specific standards of identification and deep link behavior
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