The copyright obligations of online platforms can be divided into two categories,mainly passive obligations which focuses on control power over danger,and active obligations which focuses on causation between platform behavior and damage.Three specific types can be further distinguished:passive obligations based on the obviousness of infringing content,passive obligations based on the higher risk of infringement caused by platform operations,and active obligations based on the causation between platform behavior and damage.As for algorithmic recommendation technology,although it does not significantly enhance the platform's control power over danger,the shaping of pseudo-environment changes the causation between platform behavior and content dissemination,thus requiring a corresponding enhancement in the duty of care.Content filtering is only a component of the obligations of algorithmic recommendation service providers,and its scope of application is limited.Shifting from a content-based duty of care to a technology-based duty of care,the obligations of algorithmic recommendation service providers should be constructed from three dimensions:the selection of content,the setting of algorithm operation mechanisms,and the introduction of external rules.
关键词
算法推荐/注意义务/版权过滤/危险控制力/损害原因力
Key words
algorithmic recommendations/duty of care/copyright filtering/control power over danger/power related to causation of damage
维普
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