The governance of algorithms is a central issue in the progress on the rule of law in an intelligent society.In the field of copyright law,the allocation of infringement liability for algorithmic recommendation servic...The governance of algorithms is a central issue in the progress on the rule of law in an intelligent society.In the field of copyright law,the allocation of infringement liability for algorithmic recommendation service providers should proceed from a systemic perspective rooted in the rule of law spirit of the times.Moving beyond the principle of technological neutrality and toward the principle of digital for good,it requires exploring the key role of online platforms in preventing infringement and fostering the development of digital technologies for good.This calls for the establishment of a legal system that is conducive to the combination of law and technology to support multi-stakeholder co-governance.It is recognized that algorithmic recommendation service providers bear a higher duty of care under specific conditions than that imposed by the noticeand-takedown process.The determination of whether such providers have fulfilled their duty of care should be based on industry-specific technological advancements,taking into account multiple factors such as the infringement damages,the probability of infringement occurrence,the cost of preventing infringement,and the copyright protection measures already taken in their algorithmic recommendation systems.At the same time,mechanisms such as effective notification,an efficient appeal process,and the right to request content restoration should be established to effectively protect the users'interests.展开更多
基金phased achievement of the Major Special Project of Philosophy and Social Sciences Research"Adhering to the Construction of the Socialist Rule of Law System with Chinese Characteristics and Further Promoting the Practice of Comprehensive Law-Based Governance"(Project No.2022JZDZ002)supported by the Ministry of Education of China.
文摘The governance of algorithms is a central issue in the progress on the rule of law in an intelligent society.In the field of copyright law,the allocation of infringement liability for algorithmic recommendation service providers should proceed from a systemic perspective rooted in the rule of law spirit of the times.Moving beyond the principle of technological neutrality and toward the principle of digital for good,it requires exploring the key role of online platforms in preventing infringement and fostering the development of digital technologies for good.This calls for the establishment of a legal system that is conducive to the combination of law and technology to support multi-stakeholder co-governance.It is recognized that algorithmic recommendation service providers bear a higher duty of care under specific conditions than that imposed by the noticeand-takedown process.The determination of whether such providers have fulfilled their duty of care should be based on industry-specific technological advancements,taking into account multiple factors such as the infringement damages,the probability of infringement occurrence,the cost of preventing infringement,and the copyright protection measures already taken in their algorithmic recommendation systems.At the same time,mechanisms such as effective notification,an efficient appeal process,and the right to request content restoration should be established to effectively protect the users'interests.
