A Study Of The Duty Of Care Of Algorithmic Recommendation Platforms In Copyright Infringement

Algorithms are now used in many scenarios of social governance and have a wide and profound impact on human life.In the Internet,algorithmic recommendations have enabled users to personalise their recommendations and facilitated the dissemination and circulation of works.Changes in technology often bring new problems,and the online copyright infringement regime also needs to respond to the new problems brought by algorithmic recommendations to online copyright infringement.The application of algorithmic recommendations has led to the secrecy and proliferation of online copyright infringement,and has resulted in the expansion of infringement damage.This is reflected to copyright owners,who are faced with the triple dilemma of difficulty in discovering infringement,difficulty in defending their rights and failure to protect their legitimate interests.The application of algorithmic recommendation technology on online service platforms has in essence broken through technology neutrality and filtering technology,and has become the biggest profiteer in the era of traffic economy.It is urgent to reconstruct the duty of care of the web service platform.Therefore,based on the concept and nature of algorithmic recommendation and the concept and system of duty of care,the duty of care of online service platforms should be thoroughly interpreted from the perspective of the philosophy of technology and the balance of interests of copyright law,and finally the copyright infringement of algorithmic recommendation should be realized through the construction of a moderate duty of care.The paper consists of three parts: introduction,body and conclusion.The main text is divided into the following four chapters.Chapter 1 is "The Basic Scope of Duty of Care in Algorithmic Recommendation Copyright Infringement".There are two basic concepts of algorithmic recommendation network copyright infringement,namely,algorithmic recommendation and duty of care.Algorithmic recommendation is a complete information system and is technical,human-computer interactive and non-neutral in nature.Duty of care is the usual consideration in the determination of copyright infringement on algorithmic recommendation networks.In the context of algorithmic recommendation,the corresponding online copyright infringement subject has a moderate duty of care,which is different from the minimum duty of care and the duty of censorship.Chapter 2 is "The Duty of Care in Algorithmic Recommendation from the Perspective of Technology Philosophy".The philosophy of technology is an important factor influencing the allocation of the duty of care for online copyright infringement.This influence is reflected in both the technological value theory and the technological social theory.In the context of algorithmic recommendation,the duty of due care is reasonable regardless of whether the technology is value-related or not.Similarly,the duty of due care in the context of algorithmic recommendation is also justified in the context of the technology-society interaction theory.Chapter 3 is "The Duty of Care in Algorithmic Recommendation from the Perspective of the Balance of Interests".The balance of interests is an important principle of copyright law.In the context of online environmental protection of copyright,the duty of care for online copyright infringement has been constructed as a tool to achieve this balance of interests.The online copyright infringement duty of care is based on the theory of minimum cost of prevention,and the balance of interests of copyright law in the online environment is achieved through the allocation of the duty of care to online service platforms.In the context of algorithmic recommendation,the minimum duty of care approach has led to an imbalance in the balance of interests,while the moderate duty of care can bring back the balance of interests.Chapter 4 is "Perfecting the Duty of Care in Copyright Infringement by Law Recommendation".The duty of due care is expressed as duty of due care = type of conduct * technical ability to identify * right object.The type of conduct,the technical ability to identify and the object of rights can cover the content of copyright infringement in algorithmic recommendation networks in a more comprehensive manner.Whether a web service platform constitutes a knowing or ought to know situation can be judged by whether the duty of due diligence has been breached.In the algorithmic era,the essence of reconstructing the duty of care of online service platforms points to the fact that the online copyright infringement system cannot avoid the impact produced by the development of Internet technology,and it needs to respond to the development of Internet technology and achieve a better understanding of legal practice through the response.