Research On The Determination Of Copyright Infringement Liability Of Internet Service Provider Under Algorithm Recommendation Mode

As an emerging internet technology,algorithm recommendation technology is widely used by major internet service providers.At the same time,a series of copyright infringement incidents have occurred frequently.In judicial practice,the internet service provider accused of infringement still defends on traditional defenses such as "technology neutrality" and "safe harbor principle",but there is no consensus in theoretical circles and judicial practice on whether these traditional defenses should still be supported.At present,artificial intelligence algorithm recommendation technology is widely used,and the existing legal framework regulates the obligation of care for online platforms,which is insufficient to cope with new problems in judicial adjudication practice.Although China has responded to the new situation in practice by issuing departmental rules,judicial interpretations and other normative documents,there are still some problems,such as the low level of legal effect and the ambiguity of definition standards.This paper studies the copyright infringement liability of internet service provider under the application of algorithm recommendation mode from the following aspects.Firstly,the dilemma faced by internet copyright protection under the algorithm recommendation mode is discussed,and the impact of algorithm recommendation technology on online copyright protection and the difficulty in determining platform infringement liability are discussed from the "pseudo-neutrality" of algorithm recommendation technology itself.Secondly,the rules involved in the determination of infringement liability of internet service provider under the algorithm recommendation mode are analyzed,mainly including whether the types of infringement liability and the principle of attribution of infringement liability of online platforms have changed,the meaning of subjective aspects of "should know" and the traditional "notice-takedown" rule used to avoid infringement liability are re-discussed,and the reasons for the expansion of the duty of care in the subjective aspects of platforms are clarified.Third,it analyzes the governance experience of internet copyright infringement in the development of extraterritorial artificial intelligence algorithm technology,and discusses the reference significance of extraterritorial experience to China.Finally,three suggestions are put forward for the determination of infringement liability of internet service provider in China: first,at the normative level,through judicial interpretations,the positive care obligation of online platforms is increased,with the filtering obligation as the core;Second,at the judicial level,through China’s "Guiding Case System",clarify the specific circumstances under which subjective fault can be considered in judicial practice;Finally,at the level of social governance,through the cooperation of various departments of society,strengthen the governance of algorithm technology itself and promote algorithm transparency.