Criminalization of Copyright-Infringing Information Distribution Algorithms

Abstract

With the rapid emergence of user-generated content, Internet service providers have frequently employed information distribution algorithms that recommend information to users based on use statistics. If the information it actively recommends infringes the copyright of others, it is unclear whether and to what degree the Internet service provider should face criminal charges. In answer to the aforementioned problems, this article examines the criminality of copyrightinfringing information distribution algorithms using the social harm theory and makes recommendations for improving Chinese criminal legislation. Based on the balance of interests between cyber-copyright owners and algorithm service providers, this article believes that information distributors should be considered unilateral accessory criminals to the uploaders of copyright infringement works, and relevant laws need to be revised urgently.