版权过滤机制的多元属性与本土生成

As a widely adopted system in algorithms era by internet service providers, copyright filtering is considered as the result of Increased duty of care and expanded necessary measures in China. But this perseption leads to a highly controversial debate based on ''from technology promotion to liability escalation''. After reviewing the history of copyright filtering system, it is not a Proactive filtering obligation, but a compound private ordering that containing Confirmation of Rights, authorize use and Infringement Prohibition. this private ordering can actively allocate transaction costs among copyright owners, internet service providers and end users for the change of business model. In order to fully adopt all three levels of copyright filtering system, the legality and standard of sublicense should be confirmed through the justice. Meanwhile, copyright filtering system should not be considered as necessary measures, so that fair use and other judicial judgment can be normally aapplied.