Research On The Copyrighted Content Filtration Obligations Of EU Online Content Sharing Platforms

This article attempts to analyze the new regulations on the use of protected content by online content-sharing service providers in Article 17 of EU Directive on Copyright in the Digital Singles Market(DSM),and demonstrates from the perspective of legal economics and legal sociology:this clause is the product of all parties aiming at the further development of the copyright industry,seeking to establish authorization.cooperation and dispute resolution mechanisms,but in the actual effect it has increased the platforms' duty of attention,and implies that online content-sharing service providers should pre-existing copyright filtering requirements for users uploading content on their platforms.The article starts from the per-spective of the infringement liability of Internet service providers,and further analyzes that online content-sharing service providers are different from ordinary Internet service provid-ers and should bear a higher duty of care than the traditional "Notice and Takedown" Rule.The introduction of copyright filtering system is the current optimal solution under various conditions.In the process of establishing the mechanism,we should further explore and re-fine the technical standards for identification,to protect users' freedom of network expres-sion,and personal information data.This article demonstrates these views as a whole from the perspective of China's legislation,justice and social governance.The first chapter of the article sorts out a series of regulations on the responsibility of net-work platforms under the EU copyright law system.Prior to the promulgation of the DSM,the EU's provisions on the responsibilities of Internet service providers were found in the directives issued at the beginning of the new Millennium,such as the Directive 2000/31/EC"E-commerce Directive".which believed that the act of providing information dissemination services through the Internet did not infringe the right to broadcast to the public,and should be exempted after meeting the statutory "Notice and Takedown" Rule obligation.However,Article 17 of the new Directive distinguishes between information storage service providers and content-sharing service providers.and establishes a stricter exemption condition for online content-sharing service providers through the provision of a "four-step liability limi-tation" mechanism.The purpose is to encourage such platforms and its users try their best to reach authorization agreements with the author before using the content of the work.The design of the other special aspects of this clause actually implies the expectation of encour-aging and urging the platform to actively introduce the copyright filtrations system.The second chapter of the article analyzes the necessity and feasibility of establishing a cop-yright filtering system on the content-sharing service platforms.Under the traditional "safe harbor principle",Internet service providers only need to take necessary measures to prevent the acquisition of the infringing content afterwards,which connives the infringing behavior and makes the copyright owner suffer huge losses.However,the content-sharing platforms are different from the technical service providers,which not only gain great benefits from the large amount of content spread on the platforms,but also have more ability to compen-sate for the losses compared with the infringing users,because it is easier for them to detect and stop infringement.Therefore,under the premise that the existing technical level condi-tions develop sufficiently enough,a cost-benefit analysis is carried out in this article to con-clude that the platforms' pre-examination obligation should be increased,but it must be bal-anced,and it is the best way to build a copyright filtration system with the right holder.The third chapter of the article mainly analyzes the controversy of the introduction of copy-right filtration system on the online content-sharing platforms from the perspective of social welfare.The introduction of a copyright filtration system may be a measure of greater benefit than harm for the online content-sharing platforms and copyright holders,but the inherent disadvantages of technology and algorithm may also affect the public interest such as in-fringing citizens' freedom of expression,threatening personal privacy and impeding cultural communication.But according to this article's point of view,this measure does not affect or even contribute to the increase of the overall social welfare in the long run,and other sup-porting measures can be taken to protect the legitimate rights and interests of citizens and even eliminate these adverse effects.The last chapter of the article mainly analyzes the positive and negative impacts of the plat-form filtration obligation on the Chinese online content-sharing platforms and proposes legal and industry response measures.For the platforms,although the introduction of a copyright filtering system increases commercial costs in a short period of time,it can improve the efficiency of handling infringing content and reduce disputes caused by infringing content in the long run.It can also effectively regulate the online copyright industry and use algo-rithmic governance to contribute to the country's establishment of an intellectual property power.In response to the development of the industry itself,the state should also introduce and refine relevant rules to encourage and regulate such benign phenomena,so that enter-prises can better assume social responsibilities,the public can also increase their awareness of genuineness,and promote the country to achieve basic planning Modernization of copy-right governance system and governance capabilities.