Judicial Determination of Platform Liability in Online Video Infringement

An empirical analysis based on the dilemma of the application of the "safe harbor principle"

Abstract

With the explosive growth of the online video industry, the determination of platform infringement liability has become a core problem in judicial practice, and the application of the "safe harbor principle" is increasingly facing structural challenges. Based on the empirical analysis of judicial cases in recent years, this paper systematically sorts out the reasons for the failure of platforms to cite the "safe harbor" defense, and reveals their institutional dilemma in dealing with new forms of infringement. The study found that the fuzzy boundaries of technology neutrality, the rigid "notice-removal" rules, and the different standards for determining the subjective fault of the platform constitute the main obstacles. In this regard, it is recommended to refine the applicable standards of the "red flag principle" through legislation, build a technical classification obligation system, and optimize the distribution of the platform's burden of proof, so as to achieve a rebalance between copyright protection and industrial innovation. This paper aims to provide legal support and practical paths for improving the rules of network platform liability.