Duty of Care of Algorithmic Recommendation Service Providers for Copyright Protection under the Principle of Digital for Good

Abstract

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 notice-and-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.

Keywords

digital for good / algorithmic recommendations / preventive function / duty of care / technology neutrality

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Higher Education Press