The Filtration Obligation Burden of Network Service Platforms under Algorithmic Recommendation Contexts
Algorithm recommendation technology has impacted the traditional copyright law system.The"notice-deletion"rule is interestingly ineffective in this context,failing to achieve a fair balance between the copyright holders and the communicators.The resulting value difference will damage the creative en-thusiasm of copyright owners and thus seriously stifle the growth of China's Internet-based cultural in-dustries.The filtering obligation is neither a duty of care nor a general review obligation,but rather a special obligation to ensure copyright compliance.The introduction of the copyright filtering obligation of the network service platform is not only conducive to alleviating practical contradictions,but also in line with the basic principles of legal economics,public policy,and intellectual property rights.It is proposed that in order to effectively balance the interests of copyright holders and relevant subjects such as commu-nicators,the standard of filtering obligations should not be set too high;the type of works uploaded by the copyright holders,and the foreseeability of the network service platforms should be comprehensively de-termined according to the type of service provided by different network service platforms:The more chal-lenging it is for the platform to identify infringement,the lower its filtering obligations should be,and vice versa.
algorithm recommendationduty of carefiltering obligationnetwork service platform"no-tice-deletion"rule