1. What are the potential legal risks of using ChatGPT as a production tool?
Q: Who owns the copyright of the produced "work"?
Answer: According to Article 11 of my country's "Copyright Law", works belong to natural persons, legal persons, and unincorporated organizations. In other words, in our country, only natural persons and legal persons can be the subject of copyright. First of all, ChatGPT is not a qualified subject in the legal sense of our country, so it cannot be an author in the true sense. In addition, whether the text produced by AI or ChatGPT is a "work" in the sense of my country's copyright law is also controversial. However, it must be mentioned that in December 2019, there was the first case (Shenzhen Nanshan District Court) that recognized artificial intelligence output texts as "works" in my country. However, most courts across the country, including the Beijing Intellectual Property Court, still insist on strict Interpret the law instead of identifying the machine AI as the author.
Q: Does the content generated using ChatGPT need to be distinguished from the content written by living people? How to deal with the "fake news" and "rumors" created by ChatGPT?
A: First of all, according to the "Regulations on the Administration of Deep Synthesis of Internet Information Services", prominent signs must be added to the content of deep synthesis to prevent public confusion. AIGC content and real content need to be distinguished. In response to issues such as fake news and rumors, the "Regulations on the Administration of Deep Synthesis of Internet Information Services" officially implemented on January 10, 2023 requires deep synthesis providers and users not to produce, copy, publish, or disseminate false news, reproduced to give News information produced and released by deep synthesis services shall reprint news information released by Internet news information source units in accordance with the law.
Sister Sa's team reminds: Service providers should strengthen the management of in-depth synthetic content, adopt technical or manual methods to review input data and synthetic results, establish and improve a feature library for identifying illegal and bad information, and establish a sound rumor refuting mechanism.
Q: If the data used for AI training comes from illegal sources, is there any legal risk?
Answer: We must clarify a premise: the data used for AI training must be obtained legally.
In terms of personal information collection, the informed consent of the person to be collected must be obtained, data cannot be collected illegally, and the provisions of the "Personal Protection Law" and supporting standards must be followed. In terms of other data, it is necessary to obtain the consent or authorization of the right holder. For example, to use other people's copyrighted works for data training, you need to obtain their authorization in advance, unless the copyright protection period has passed or due to other reasons (CC authorization, etc.) Works that enter the public domain, otherwise cannot be used directly. At the same time, service providers and technical supporters should strengthen the management of training data, and take necessary measures to ensure the security of training data and prevent data leakage.
2. What are the potential impacts of companies and individuals using ChatGPT?
Q: As an efficient and convenient productivity tool, will long-term use of ChatGPT have any impact on individuals and businesses?
Answer: Sister Sa's team believes that this kind of influence has both positive and negative aspects, which need to be viewed comprehensively. In addition, this kind of influence is subtle and requires long-term research.
At present, on the one hand, the application of ChatGPT directly improves the production efficiency. The basic work in many industries will be profoundly affected by chatGPT, the production efficiency will be improved, the content that can be produced per unit hour will increase, and people will get more convenience. On the other hand, if individuals or companies rely heavily on chatGPT, they will gradually develop inertia, slack in thinking and innovation, and piece together in existing searches, just like the role of "proton" in "Three-Body" to curb human technological progress and Civilization develops. Scholars and college students in the future may get a thesis topic. The first thing to do is to use chatGPT, then revise and finish the manuscript, which reduces the process of searching and sorting out by themselves, and makes it difficult to appreciate the charm of academics. His research skills are evident .
3. What are the legal risks of counterfeiting or falsely using the name of ChatGPT and OpenAI to carry out business activities?
Question: We have noticed that due to the continuous popularity of ChatGPT, there have been many counterfeiting or falsely using the name of ChatGPT and OpenAI in the market. What are the legal risks of this kind of behavior?
Answer: This kind of behavior may violate the "Anti-Unfair Competition Law". If it causes losses to the operator of ChatGPT, it may also bear civil liability for compensation. It may also constitute a crime to fraudulently use the name of ChatGPT and its operating entities to defraud others of their property. Specifically as follows:
(1) May constitute unfair competition, resulting in two consequences:
First, it was ordered by the regulatory authorities to cease operations.
This behavior falls under Chapter Two of the Anti-Unfair Competition Law. Article 6 of the "Anti-Unfair Competition Law" stipulates: Operators shall not engage in the following confusing behaviors, causing people to mistakenly believe that they are other people's products or have a specific connection with others: (1) Unauthorized use of product names, packaging, (2) Unauthorized use of corporate names (including abbreviations, trade names, etc.), names of social organizations (including abbreviations, etc.), and names (including pen names, stage names, translated names, etc.) that have a certain influence on others; ) Unauthorized use of the main part of the domain name, website name, webpage, etc. that have a certain influence on others; (4) Other confusing behaviors that are sufficient to cause people to mistakenly believe that it is another person’s product or have a specific connection with others.
Article 18 stipulates: If a business operator violates the provisions of Article 6 of this law and conducts confusing behavior, the supervision and inspection department shall order it to stop the illegal behavior and confiscate the illegal goods. If the illegal turnover exceeds 50,000 yuan, a fine of not more than five times the illegal turnover may be imposed; if there is no illegal turnover or the illegal turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed concurrently. In serious cases, the business license shall be revoked.
Second, those who cause economic losses to openAi may bear corresponding civil liabilities.
According to Article 17 of the "Anti-Unfair Competition Law", if a business operator violates the provisions of this law and causes damage to others, it shall bear civil liability according to law.
(2) May constitute civil fraud
Article 148 of the "Civil Code" where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intention, the defrauded party has the right to request the people's court or an arbitration institution to revoke it.
(3) If the circumstances are serious, it may constitute a crime
According to the provisions of Article 266 [Crime of Fraud] of the "Criminal Law" of our country: whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be sentenced to a fine or solely; if the circumstances are other serious, the sentence is to be not less than three years and not more than ten years of fixed-term imprisonment, and a fine; Where there are other provisions in this Law, the provisions shall prevail.
write at the end
Sister Sa's team believes that for new technologies and new things, it is better to let the bullets fly for a while, and the production content itself is beneficial to the digitally transformed society. In view of chatGPT's possible copyright issues, it is necessary to use more practical cases to gradually explore the idea of "fixing disputes and ending disputes" that is suitable for various countries and regions. Service providers should strengthen the management of in-depth synthetic content, adopt technical or manual methods to review input data and synthetic results, and establish and improve a feature library for identifying illegal and bad information and a corresponding mechanism for dispelling rumors.
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