You can read my article Algorithmic Dissuasion here or watch the presentation video, here; as well as Prof LIU Xiaochun’s here, followed by the Q&A for us both, held at the Workshop on China’s Algorithmic Recommendation Regulation (25-26 March 2023 at Peking University School of Transnational Law in Shenzhen) organized by my colleague Professor Gilad Abiri of PKU STL.
ABSTRACT
This article focuses on platforms operating in the algorithmic twilight zone between presenting search results and blocking them. To avoid risks or to optimize at the copyright holders’ request, platforms directly or in a time-phased way de-rank unauthorized but possibly legal content into relative oblivion. This midway manipulation of traffic to suspected content is opaque to the uploader of content, and the general user, lacks any redress mechanism, and possibly chills the freedom to share transformed content that includes copyrighted works. One can argue that the fundamental rights preempt license conditions which are incompatible with it.
Read more here.