Due to algorithmic push technology,online platforms have changed the way information is disseminated,bringing significant challenges in determining copyright infringement.According to ana-lyses of the operating mechanism of algorithmic push,algorithmic push platforms are still network serv-ice providers,and the setting of their duties of care directly affects their infringement liability.With al-gorithmic push technology,the platform's information management capability has been enhanced,and so should their duties of care.However,it is not appropriate to require all online platforms to adhere to the same standards.Specifically,the duty of care should be tailored to each platform's information man-agement capability:super platforms with a duty of care for prior review,large platforms with a duty of care for reviewing similar content,and small and medium-sized platforms with a general duty of care.Failure to adhere to the appropriate duty of care indicates that the platform constitutes"should know"and assume tort liability.
关键词
算法推送/网络服务提供者/注意义务/侵权责任
Key words
algorithmic push/network service providers/duty of care/tort liability
维普
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