Research On Judicial Issues Of Short Video Copyright Infringement On Network Platforms Under Algorithm Recommendation

With the continuous development of the Internet short video industry and the continuous growth of short video users,its characteristics of low entry barriers and uneven content are gradually exposed.With the continuous iteration of technology and the development of intelligent algorithms,it has become a common practice in the industry for network platforms to use recommendation algorithms for short video recommendations.The involvement of recommendation algorithms has brought new challenges to the issue of copyright infringement of short videos on network platforms,namely,whether and what responsibilities the platform should bear when the short videos recommended by the recommendation algorithms are suspected of infringement.In both theory and judicial practice,the focus of controversy lies in clarifying the scope of the subject,the nature of behavior,subjective fault,and the loss of the obligee of the network platform under algorithm recommendation.Therefore,this article starts from the issue focus.Firstly,the scope of the subject of short video copyright infringement on the network platform under algorithm recommendation is analyzed to clarify the limits of the scope of the subject to prevent excessive expansion of liability.Explain the nature of online platform behavior in the sense of copyright,and clarify whether algorithm recommendation behavior belongs to online content provision behavior or online service behavior.Based on clarifying the nature of the subject and behavior,the subjective level of the platform is analyzed,starting from the "notification delete" rule and the "red flag" rule.Discuss the scope of necessary measures under the platform algorithm and the level of information management capability under the "notification delete" rule.The recognition of "should know" in the "red flag" rule is based on two perspectives: "positive behavior" and "negative behavior".In terms of "positive behavior",discuss whether the "initiative" recommended by the algorithm is equivalent to the initiative of "law",and whether the "openness" of the algorithm is equivalent to the "openness" of the law.And the "pseudo neutrality" and "technology neutrality" of the algorithm.On the negative side,discuss whether the online platform has a duty of care and corresponding review obligations.Analyze issues such as unclear statutory compensation standards under algorithm recommendations,and inconsistent judgment standards for amounts in different courts.Analyze the differences in the judgment standards of different judges in the process of judicial adjudication from different cases,and discuss the possible lack of scientific and rigorous judgment results.Finally,after a comprehensive analysis of the above issues,practical judicial recommendations are provided from multiple levels,such as clarifying the scope and nature of the subject,establishing a unified subjective fault judgment standard,and clarifying the limits of the statutory compensation amount under algorithm recommendations.At the same time,practical measures such as establishing a regular review mechanism for platform information management capabilities and algorithmic decisions,and establishing legal compensation quantification standards are proposed.