| 英文摘要 |
How to regulate the copyright infringement disputes caused by the diversified Internet usage is a common problem in the world. To avoid secondary liability, DMCA imposes legal obligations on ISPs to assist copyright owner to protect their rights. However, issues arising from the three-strikes-clause which aggravates the content recognition software using AI algorithms to automatically send out improper takedown notices, and encourage copyright trolls to claim for ransom in the name of copyright protection. With the evolution of information storage services provided by ISPs, Article 17 of the EU Digital Single Market Copyright Directive creates a new regulatory regime in which ISPs should bear direct liability for copyright infringement unless they comply legal obligations of content management. This new regime also designs multiple protective mechanisms to protect fundamental rights of users guaranteed by the Constitution. This article addresses the causes of false takedown notices and compares the provisions of content management obligations of the industry, and concludes that the future regulatory system of information storage service providers in Taiwan should not only implement the principle of technological neutrality in the Copyright Law, but also safeguard fundamental rights of expression guaranteed by the Constitution. |
