Filed under fault
Every brief tagged "fault".
- § 01 · GENERATIVE-AI
Which of the Ten Duties Actually Bites: Cheng Xiao on Fault and Statutory Duty for Generative-AI Providers
In a Political Science and Law Tribune article, Tsinghua professor Cheng Xiao (程啸) resets how Chinese courts should reason from a generative-AI provider's statutory duties to civil fault. His thesis: tort liability here is fault-based under Civil Code Art. 1165(1); 'duty of care' is not a separate element but the objective reasonable-person standard in AI dress. Crucially, not every breach of a statutory duty is fault. Negative duties (do not infringe) collapse into the 'infringement of rights' element and prove nothing about fault; only breach of an affirmative statutory duty can ground fault — and only where the duty aims to protect individuals, the plaintiff is within its protected class, and the harmed interest is within its protected scope. Applying that filter to the ten affirmative duties in the Generative AI Interim Measures, Cheng sorts them into result-based and method-based obligations, sets out five factors for judging the method-based ones, and criticizes two court rulings that grounded fault on a labeling or risk-warning duty in copyright cases the duty was never meant to protect against.