Research On Copyright Filtering Obligation Of Network Information Storage Service Platform

The rule of notice deletion under the "safe haven" system of the United States lays the foundation for the network service provider not to undertake the obligation of universal review in advance for the legality of copyright content.The relevant legal system of our country draws lessons from this rule,and only requires the network service provider to undertake the obligation of deletion after the infringement.However,with the diversification of network infringement and the increase of infringement,the notice deletion rule can not meet the needs of copyright owners.In view of this situation,the EU takes the lead in introducing the copyright filtering obligation mechanism of Internet service providers,which requires the Internet service providers meeting specific conditions to take the initiative to undertake the prior review of the legitimacy of copyright content,and adopt reasonable filtering mechanism to prevent infringement.The European Union’s measures provide a new way of thinking for copyright protection,and at the same time,it has caused extensive disputes among scholars.In view of this,on the basis of the notice deletion rule continues to apply,the author puts forward the copyright filtering obligation of pre examination of certain copyright legality to specific network service providers.From the perspective of the development of content filtering technology,this paper demonstrates the rationality of copyright filtering obligation from the perspectives of jurisprudence,law and economics,and points out the specific and feasible system implementation scheme.This paper is divided into three parts:The first part introduces the main controversies about the introduction of copyright filtering obligation.One view holds a negative attitude towards the introduction of copyright filtering obligation and thinks that the disadvantages are too great.The main reasons include: first,the introduction of copyright filtering obligations,raising the threshold of market access,increasing the platform responsibility,which is not conducive to the development of the industry;second,the copyright filtering system has the possibility of collecting user data without permission,which will infringe on users’ privacy;third,the technology development cost of copyright filtering system is too high and the burden of enterprises is too heavy;fourth,the error rate of copyright filtering mechanism is high,may infringe on users’ freedom of speech.Another point of view is that it is necessary to introduce the obligation of copyright filtering.It points out that,firstly,there are obvious deficiencies in the existing notice deletion rules,and the network service providers abuse the notice deletion rules seriously,which can not effectively protect the interests of copyright owners;secondly,the role of the platform has changed from passive to active,and has the ability and obligation to undertake the filtering obligation;thirdly,referring to the EU legislation and the current public law review of China’s network service providers It is inevitable for the platform to review and filter.The second part mainly demonstrates the rationality of copyright filtering obligation.On the one hand,the establishment of copyright filtering obligation has theoretical support.Firstly,the establishment of copyright filtering obligation conforms to the requirements of social cost control theory.The cost of copyright owners caused by piracy is far greater than the cost of content filtering obligation undertaken by network platform,which will lead to the increase of total social cost.Imposing copyright filtering obligation on network service providers is conducive to reducing social assembly Ben.Secondly,the establishment of copyright filtering obligation is in line with the requirements of interest balance.Network service providers should bear the corresponding responsibility for making profits from the content uploaded by users.On the other hand,the establishment of copyright filtering obligation is feasible.At present,the copyright filtering technology has been mature.In reality,many enterprises have adopted the copyright filtering mechanism spontaneously,and the technology has portability.Small and medium-sized network service platforms can realize copyright filtering through technology transfer or technology license.In addition,the protection of personal privacy is not absolute protection,there are reasonable boundaries,and we should take into account the interests of the public.According to the content that users voluntarily upload,they do not have the subjective will to keep the information confidential,and it is difficult to pass the privacy reasonable expectation test.The access to this part of information by the network service platform will not infringe the user’s privacy.Finally,referring to the EU legislation,as well as the censorship obligations in the public law of China’s network service providers,platform censorship filtering is inevitable.The relationship between "copyright filtering" rule and "notice deletion" rule is the common governance of copyright before and after the event.The third part puts forward specific suggestions on the construction of copyright filtering mechanism.In terms of the ability and rationality of the responsibility,the applicable subject of copyright filtering obligation should be limited to network information storage service providers,taking into account the interests of small and micro network service platforms,and should limit their responsibility.In order to avoid the conflict with the network service provider not undertaking the general obligation of censorship,the scope of the copyright filtering obligation of the network service provider should be limited.The scope of censorship and filtering is limited to well-known works,works directly benefited from the platform and repeated infringement contents.The application of copyright filtering obligation should be based on the premise that the obligee actively seeks cooperation or sends qualified infringement notice.In view of the high error rate of copyright filtering mechanism,it is suggested that the network service platform should build a transparent and convenient appeal relief channel,supplemented by manual review and error correction,so as to protect the legitimate rights and interests of users to the greatest extent.The development of technology provides us with new opportunities and ideas to seek a more reasonable copyright protection system.The diversity of infringement forms and the immediacy of transmission speed make the infringement loss more and more difficult to make up by manual audit.At this stage,the copyright content filtering technology may have more or less deficiencies,but it is also a feasible scheme to improve the efficiency of review and alleviate the proliferation of infringement.