Study On The Decision Rules Of Paying Attention To Obligations Of The Web Live Platform When Infringement By Users

Webcast refers to the real-time live broadcast of related content through the internet,television and other ways,in which live broadcast of film and television is more closely related to copyright.The anchorman shares the film and television works in the webcast platform through the webcast platform through recording screen and other technical means,infringing on the rights of the copyright owner.As a network service provider,webcast platform provides service to network users.whether it should be responsible for tort and should be responsible for its duty of attention,while there is no unified view on the degree of attention obligation of webcast platform in academic and practical.Under the red flag standard,the webcast platform is the network service provider which only provides the technical service,based on the cyberspace massive content infringement has the powerful concealment,the webcast platform carries on the legitimacy examination to the infringement identification has the certain difficulty,coupled with the webcast platform content immediacy and the extant webcast platform operation has not formed the scale,the massive scattered small platform existing technology can not reach the level which identifies the concrete infringement,requests it to undertake the examination undoubtedly increases its burden.Under this theory,the requirement of attention duty degree of webcast platform only needs to meet the standard of general rational person,and when it assumes responsibility,"cognition "should reach the level of cognition of specific tort or fact,and should not impose the obligation of prior examination on the platform.Under the German security obligation theory,there is no substantial difference between cyberspace and physical space,so it can be regarded as public space as long as it satisfies openness,agglomeration and has interactive function,so cyberspace is public communication space,and webcast platform is the initiator and manager of live broadcast space,which has the ability to control dangerous activities.Therefore,under this theory,the duty of attention of webcast platform should rise to higher than the standard degree of general rational person,and reach the standard of person with professional knowledge.Under the theory of general filtering obligation,the webcast platform will have substantive contact with the content when examining the legality of the content,and in all stages of the live broadcast,the platform will have extensive participation,and even will actively organize and edit the content to attract the audience,at the same time,the general filtering technology has been more mature and feasible.Under this theory,the webcast platform should undertake the general filtering obligation,and the duty of attention should be opened based on the application of the copyright owner and the active application of the platform,and should be limited to the technical filtering.Therefore,on the premise that our country does not have the duty of attention judgment rule,it is suggested that the determination of the duty of attention should pay attention to the principle of fairness and balance the interests between the parties and maximize the benefits.