Abstract:

The development of the “deep linking” technology is frequently associated with the determination problems of copyright infringements. Whether “deep linking” should be regarded as a behavior of “communication to the public” is a major problem confusing legal scholars, the judge and the relevant industry，the underlying factor of which is the determination of “making available to the public”. As the determination is a legal decision, thus calling for adoption of relevant legal standards that conform with the development of jurisprudence of the rights and function of copyrights.Some acts of works displaying do not appear to have the characteristics of uploading to the server, but substantially represent the interests of works in communication. In such cases, they should be deemed as acts of “making available to the public”.
Key words： deep linking; making available to the public; right of information network communication; server standards; legal standards