Determination Of Indirect Infringement Of Copyright Of Content Sharing Platform Under The Background Of Algorithm Recommendation

The application of algorithm recommendation technology in content sharing platform causes more serious indirect copyright infringement,which is due to the dissemination efficiency of infringing content has been greatly enhanced,and the scope of dissemination of infringing content has been further expanded under the mechanism of algorithm recommendation,bringing more losses to copyright owners.At the same time,comparing the gains of the platform with the losses suffered by the copyright owners,we can see that there is an imbalance between the interests of the subjects.However,there are disputes about the identification of related issues in academic circles and practical department.In order to better solve the practical problems,this paper analyzes the underlying logic of the content sharing platform assuming indirect copyright infringement liability in the context of algorithm recommendation,this paper analyzes the legal dilemma embodied in the existing disputes,and puts forward targeted identification strategies to achieve effective governance in the sense of copyright law.First of all,the theoretical circle holds different views on the application of technology,which can be divided into “The theory of technology neutrality” and“The theory of value of technology”.Considering the application of the platform to the algorithm recommendation technology,we know that the algorithm recommendation technology is different from the previous network technology,and the whole process of running carries the subjective intention and value tendency of the platform,however,the former “principle of technology neutrality” hinders the responsibility of the content sharing platform.Secondly,because the judicial interpretation of our country takes the recommendation behavior of the Internet service provider as the basis of the subjective “should know”,there are different opinions about the platform’s algorithm recommendation behavior in the academic circle.According to the research on the mechanism of the algorithm’s recommendation,the content of the algorithm will not be identified in the process of recommendation,and it completely depends on the pre-set parameters to run automatically,so it is impossible to know the specific infringing content in this process,therefore,it does not apply to the relevant judicial interpretation.However,in the context of algorithm recommendation,the connotation of “Active recommendation ” in judicial interpretation is ambiguous and controversial,which affects the standard identification of platform liability.With the conclusion of “The first algorithm recommendation case in China”,the field of judicial practice is gradually demanding that content-sharing platforms assume higher duty of care for algorithm recommendation,however,the standard of duty of care at this level is different.Based on the analysis of the above-mentioned disputes and the relevant legal difficulties,this paper further puts forward some suggestions on how to identify indirect tort liability of copyright of the content sharing platform.Under the background that the European Union requires the online content sharing service provider to undertake the filtering obligation and the United States to set up algorithmic accountability of the platform,our country should also further regulate the implementation of the algorithm-recommended content sharing platform.According to the current situation of practice in our country,the specific measures include: including the application of algorithm recommendation technology into the consideration of the “should know” elements of the platform;to distinguish the algorithm recommendation from the positive behavior involved in judicial interpretation;set universal standards for specific content filtering obligations for platforms that implement algorithmic recommendations;in the context of algorithmic accountability system,the relevant algorithmic recommendation regulation should be connected with judicial practice.In addition,we should strengthen the guidance to the industry,construct the “soft rule”,form the “best industry practice” of our country,and lay the foundation for the next legal regulation.This paper proposes a clear and reasonable way to identify the infringement of the content sharing platform algorithm,in order to solve the disputes in the academic and judicial practice,and to fully protect the rights and interests of the copyright owners,and promote the beneficial development of the platform.