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最近几年,视频网站起诉视频聚合平台盗链侵权的案例已数见不鲜了。然而,在司法实践中,对于视频聚合平台的盗链行为如何认定,法律界却存在很大的争议。之所以出现争议,主要原因在于,技术的发展使得视频聚合平台无须上传内容就能够向观众提供作品,而法律的滞后性就决定了它不可能将这样的情况清清楚楚的规定下来。尽管法律存在滞后性,亟需通过立法进行完善,但这并不代表法律就允许这种违背自愿、平等、公平、诚实信用的现象肆虐。文章将从技术层面及法律层面对盗链行为进行剖析,并结合相关的理论,为规制视频聚合平台的经营提供路径。
In recent years, video sites sue video aggregation platform, the case of hotlinking infringement has been seen quite a few. However, in the judicial practice, there is much controversy in the legal field about how to identify the hotlinking behavior of the video aggregation platform. The main reason for the controversy is that technological advances have allowed the video aggregation platform to deliver works to viewers without having to upload content, and the lag in law has determined that it can not make such a case clear. Although laws are lagging behind and there is an urgent need to improve them through legislation, this does not mean that laws allow this kind of behavior that runs counter to voluntary, equal, fair and honest credit. The article will analyze the hotlinking from the technical and legal aspects, and provide the path to regulate the operation of the video aggregation platform in combination with related theories.