| Under the rapid development of Internet technology,big data,blockchain and artificial intelligence,network copyright infringement is repeatedly banned,and network copyright is facing a severe situation and is in urgent need of a solution.Theoretically speaking,the establishment of copyright filtering obligations has the theoretical basis of intellectual property law,jurisprudence and legal economics.From the perspective of judicial empirical evidence,due to the different application standards of the duty of care theory,the requirement of copyright filtering obligation has appeared in judicial cases and industry autonomy.Instead of turning a blind eye to industry autonomy and copyright filtering in judicial practice,The region has proposed to modernize the "safe haven rules".The "regulatory" safe haven reform in Europe and the "autonomous" reform path of the United States have both provided valuable experience for China.Filtering obligation request network content sharing platform filtering measures for specific infringement content,this is essentially a kind of prior copyright review obligations,is a supplement to "haven rules",that is to take a universal duty of care and special circumstances of filtering obligations,eventually formed on the basis of haven principle,copyright filtering and other necessary technical measures to supplement the diversified copyright protection mechanism. |