Filed under case
Every brief tagged "case".
- § 01 · AI-GOVERNANCE
China's First 'AI Hallucination' Tort Judgment — GenAI Is a Service, Not a Product, and the Chatbot's '¥100,000 Promise' Binds No One
The Hangzhou Internet Court has decided China's first 'AI hallucination' (AI幻觉) tort case — written into the Supreme People's Court's 2026 work report to the NPC. A user asking a chatbot about college applications was told, across seven rounds, that a non-existent campus existed; when finally shown the official website, the model 'apologised' and 'promised' to pay ¥100,000, even generating a fake lawsuit template telling him to sue. He did. The court dismissed every claim and, in doing so, laid down the first judicial articulation of China's generative-AI liability framework: (1) an AI model is not a civil subject, so its 'promise' is no declaration of intent — and is not attributable to the provider either; (2) generative AI is a service, not a product, so fault liability under Civil Code Article 1165 applies, not product liability's no-fault rule under Article 1202; (3) there is no result-based duty to guarantee accuracy for ordinary inaccurate output — only a process duty of care (conspicuous AI-content labelling plus industry-standard accuracy measures), which the provider had discharged; and (4) no proven damage, no causation. For any company deploying GenAI to the Chinese public, this is the operating liability surface and the evidentiary playbook.
- § 02 · JUDICIAL
Datatang v. Yinmu — China's First Ruling on a Data-IP Registration Certificate, and Why Open-Sourced Data Is Still Protected
A consolidated case study of 数据堂诉隐木科技 (Datatang v. Yinmu) — the Beijing IP Court's June 2024 appeal ruling, widely called China's first case on the evidentiary effect of a data-IP registration certificate. The dispute: Datatang built voice datasets for AI training, open-sourced some under a license; Yinmu took and redistributed them in the same data-services market. DCC synthesizes four commentaries (the case report, a Tsinghua analysis, and two Shenzhen Data Exchange DEXC+ deep-dives) into the four holdings that matter for overseas counsel: (1) a data-IP registration certificate is prima facie evidence of property-type interests and lawful sourcing — but not an absolute property right (property-rights-statutism); (2) open-sourced data, though neither trade secret nor copyrightable compilation, is protectable under the Anti-Unfair Competition Law's general clause; (3) the protection hierarchy (compilation work → trade secret → AUCL Art. 2); and (4) whether the taker honored the open-source license is the hinge for 'improper conduct.'