An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples

Mao Rui

doi:doi:10.11648/j.ijls.20210401.17

| Peer-Reviewed

An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples

Mao Rui

Published in International Journal of Law and Society (Volume 4, Issue 1)

Received: 8 March 2021 Accepted: 18 March 2021 Published: 26 March 2021

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

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.

Published in	International Journal of Law and Society (Volume 4, Issue 1)
DOI	10.11648/j.ijls.20210401.17
Page(s)	54-60
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Deep Linking, Right of Information Network Communication, Providing Works

References

[1]	Feng Gang. Research on Disputes of Infringement of Information Network Dissemination Rights Involving Deep Links [J]. Intellectual property, 2016, (08): 20-28.
[2]	Zhang Jian. An Empirical Analysis of Copyright Dispute Litigation in Recent Ten Years [J]. China Publishing Journal, 2014, (04): 36-39.
[3]	Huang Hui, Liu Jiahui. Reasonable allocation of liability for copyright infringement of deep links on network aggregation platforms [J]. Contemporary Law Review, 2019, 33 (04): 39-49.
[4]	Xu Minchau. On the Definition of the Act of "Providing Works" on the Internet [J]. Peking University Law Journal, 2020, 32 (02): 378-401.
[5]	Wang Qian. On the Legal Nature and Regulation of the Act of Providing "Deep Links" [J]. Law Science, 2016, (10): 23-39.
[6]	Mo Hongxian, Liu Zhihan. Research on Legal Evaluation of Deep Linking Behavior [J]. Journal of Shanxi University (Philosophy and Social Science Edition), 2018, 41 (03): 114-118.
[7]	Yang Xingfang. Legal Regulation of Linking Behavior in the Dissemination of TV Programs-A Case Study of the Copyright Protection Case of "Bite of China" [J]. TV Research, 2020, (05): 59-61.
[8]	Zhao Junmei. The legal application of deep linking of aggregation platforms [J]. Journal of Law Application, 2019, (15): 74-82.
[9]	Liu Yinliang. On the Limitations of Server Standards [J]. Law Science Magazine, 2018, 39 (05): 57-69.
[10]	Xie Lanfang, Fu Qiang. Discussion on the Judgment Standar-d of Infringement of Deep Linking Behavior [J]. Intellectual Property, 2016, (11): 41-45.
[11]	Zhang Peng. Thinking and Means of Regulating Internet Linking Behavior [J]. ECUPL Journal, 2018, 21 (01): 37-49.
[12]	Hong Liou, Jiang Yike. On the Legitimacy of Server Standards for the Right of Information Network Communication [J]. University Publishing, 2019, (04): 56-59.
[13]	He Lianhong, Yin Qin. Rethinking on the Legal Nature of Deep Linking of Works [J]. Journal of Gansu Political Science and Law Institute, 2019, (06): 20-36.
[14]	Wang Heyun, Xu Jialei. On the Legal Regulation of Deep Links in Video Aggregation APP [J]. China Publishing Journal, 2019, (07): 51-55.
[15]	Wan Yong. Rethinking and Reconstructing the Theory of Legal Regulation of Deep Links [J]. Science of Law (Journal of Northwest University of Political Science and Law), 2020, 38 (01): 36-45.

Cite This Article

Plain Text BibTeX RIS

APA Style

Mao Rui. (2021). An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples. International Journal of Law and Society, 4(1), 54-60. https://doi.org/10.11648/j.ijls.20210401.17

Copy | Download

ACS Style

Mao Rui. An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples. Int. J. Law Soc. 2021, 4(1), 54-60. doi: 10.11648/j.ijls.20210401.17

Copy | Download

AMA Style

Mao Rui. An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples. Int J Law Soc. 2021;4(1):54-60. doi: 10.11648/j.ijls.20210401.17

Copy | Download

@article{10.11648/j.ijls.20210401.17,
  author = {Mao Rui},
  title = {An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {1},
  pages = {54-60},
  doi = {10.11648/j.ijls.20210401.17},
  url = {https://doi.org/10.11648/j.ijls.20210401.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210401.17},
  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.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples
AU  - Mao Rui
Y1  - 2021/03/26
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210401.17
DO  - 10.11648/j.ijls.20210401.17
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 54
EP  - 60
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210401.17
AB  - 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.
VL  - 4
IS  - 1
ER  -

Copy | Download

Author Information

Mao Rui

School of Law, Jiangsu University, Zhenjiang, China

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Mao Rui. (2021). An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples. International Journal of Law and Society, 4(1), 54-60. https://doi.org/10.11648/j.ijls.20210401.17

Copy | Download

ACS Style

Mao Rui. An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples. Int. J. Law Soc. 2021, 4(1), 54-60. doi: 10.11648/j.ijls.20210401.17

Copy | Download

AMA Style

Mao Rui. An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples. Int J Law Soc. 2021;4(1):54-60. doi: 10.11648/j.ijls.20210401.17

Copy | Download

@article{10.11648/j.ijls.20210401.17,
  author = {Mao Rui},
  title = {An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {1},
  pages = {54-60},
  doi = {10.11648/j.ijls.20210401.17},
  url = {https://doi.org/10.11648/j.ijls.20210401.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210401.17},
  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.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - An Empirical Analysis on the Identification of Deep Link Infringement: Take the Judgment Documents of the Chinese Courts in the Past Ten Years as Analysis Samples
AU  - Mao Rui
Y1  - 2021/03/26
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210401.17
DO  - 10.11648/j.ijls.20210401.17
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 54
EP  - 60
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210401.17
AB  - 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.
VL  - 4
IS  - 1
ER  -

Copy | Download