Platform Copyright Liability And Legal Regulation Under Algorithm Recommendation

The challenge of identifying the subjective fault of network service providers caused by the development of algorithm technology is currently a hot research topic.The focus of this issue,which used to be deep linking,server caching,etc.,has now shifted to the changes in algorithm recommendation technology’s duty of care for network service providers.The judgment of the Haidian Court has played an important guiding role in determining the infringement of algorithm recommendation platforms,and also reflects the improvement of the requirements for the care obligation of algorithm recommendation service providers.In today’s widely used recommendation algorithms,platforms can no longer simply advocate exemption based on the principle of technology neutrality.Starting from the operating principle of algorithm recommendation technology,this article believes that algorithm recommendation is an active recommendation under the guise of technology neutrality,and discusses the judgment of "should know" from both positive and negative aspects.The positioning of the algorithm recommendation platform is a network service provider with a high duty of care.The upper limit of the obligation of care for algorithm recommendation platforms is that for network service providers in manual recommendation mode,the lower limit is for platforms that do not use algorithm recommendation technology.This article identifies the copyright liability of algorithm recommendation platforms from two dimensions.The first is "reconstruction of the duty of care".Algorithm recommendation platfonms should bear high duty of care when analyzing service types,behavior types,and rights objects.Copyright filtering mechanisms can be introduced for well-known and popular works.The refinement platform bears the burden of proof for the facts and rationality of algorithm recommendations.The second is to moderately expand the scope of application of "necessary measures".When the "notification deletion" rule fails or the infringement has a significant impact,the platform can determine whether to apply measures to ban accounts based on its own management capabilities,principles of proportionality,balance of interests,and the popularity of the work.At the same time,this article proposes to implement legal regulations on platform algorithms.The "black box,dilemma caused by the opacity of algorithm technology is an important issue in algorithm governance.It is difficult to fully regulate the infringement risk caused by algorithm recommendations by only adjusting the platform’s duty of care.Therefore,appropriately regulating the algorithm itself and constructing a transparent system of interpretable,accountable,and regulatory algorithms will contribute to the governance of platform copyright liability.