Reasonable Boundaries for the Expansion of Duty of Care of Algorithm-Recommended Service Providers
In the copyright infringement cases caused by algorithmic recommendation service,the boundary of the algorithmic recommendation service providers'duty of care is the key to judge whether it should bear the liability of indirect infringement.Although the technology of algorithm recommendation has certain"value bias",it also has the characteristics of"assistance",and the essence of algorithm recommendation is still a network service provision behavior.Improving the duty of care of algorithm-recommended service providers has practical necessity and theoretical legitimacy.Under the traditional tort liability theory,"necessary measures"should not only be remedial,but also preventive,which leaves room for interpretation of the reasonable expansion of the duty of care of algorithm-recommended service providers and the appropriate increase of copyright tort liability.At the same time,it is also necessary to be vigilant against the trend of overextending the boundaries of service providers'duty of care.On the one hand,we should proceed from the overall level to systematically delimit the boundaries where the providers of algorithm recommendation services assume higher obligations of care;On the other hand,from an individual perspective,the"rational person"standard shall be applied in individual cases according to specific circumstances to further improve the specific measurement of"higher duty of care"and realize the balance of interests of all parties.
algorithmic recommendationduty of carecopyright infringementinternet service providers(ISPs)
万方数据
维普
