Beijing Internet Court: new legal challenges caused by traffic promotion and live delivery

2024-09-03

Recently, the Beijing Internet Court released the White Paper on Accelerating the Development of New Quality Productivity of Service Guarantee and the "Ten Typical Cases of New Quality Productivity of Service Guarantee". The white paper points out that traffic promotion and live streaming sales have triggered new legal challenges. The white paper shows that since its establishment, the Beijing Internet Court has accepted 219695 cases and closed 214469 cases, of which copyright disputes account for about 62%. With the emergence of new types of rights objects such as data products, digital collectibles, and artificial intelligence generated products, the demand for legal protection is becoming increasingly urgent; The rise of emerging industries such as information technology, artificial intelligence, and digital tourism has highlighted the role of the judiciary in resolving conflicts and disputes; The innovation of business models, such as traffic promotion and live streaming sales, has triggered new legal challenges, including issues related to the identification of legal entities and the allocation of responsibilities; At the same time, the iterative upgrading of technologies such as big data, blockchain, and artificial intelligence is reshaping the market structure and increasing the difficulty of fact finding in case trials. It is reported that among the top ten typical cases, four cases are related to AI, including copyright infringement cases of AI generated images, voice infringement cases, "AI face swapping" cases, and "AI companionship" cases where AI images constitute infringement of personality rights. The Beijing Internet Court actively promotes the healthy development of emerging industries and the optimization of the business environment of the digital economy through a series of innovative judicial practices. In the trial of a series of cases involving artificial intelligence, we adhere to rule guidance and encourage innovation and quality improvement in emerging industries. At the same time, in the cases of "a certain technology company suing self media for reputation infringement", "online storage infringement ban", and "store relocation software", the market order and legitimate rights and interests of enterprises have been effectively maintained, and the digital economy business environment has been continuously optimized. The Beijing Internet Court also made great efforts to promote the orderly development of the platform economy. For example, in the country's first "Internet of Vehicles" copyright case, it clarified the joint tort liability and guided the field of intelligent networking to strengthen intellectual property protection. In terms of judicial service supply, the Beijing Internet Court deepened the "1+N" circuit trial mechanism, established the data rights circuit court, promoted law popularization activities, and optimized the legal business environment. At the same time, the court's "Tianping Chain" judicial blockchain platform solves the problem of electronic data certification, improves the efficiency of copyright information exchange, and reduces the cost of rights protection. Judges also actively participate in legislative argumentation work, providing judicial wisdom for the formulation of laws and regulations such as the Data Security Law and the Personal Information Protection Law. In order to further serve and ensure the accelerated development of new quality productivity, the Beijing Internet Court proposed 17 specific measures, including: improving the judicial protection rules for data rights and interests, doing a good job in the research and trial of legal issues related to artificial intelligence, providing rules and guidance for the digital acquisition, development and utilization of cultural products such as digital collections, strengthening the resolution of disputes in digital consumption fields such as cultural trade, online games, intelligent connected vehicles, and e-commerce live broadcast, and standardizing the order of cyberspace. (New Society)

Edit:Xiong Dafei    Responsible editor:Li Xiang

Source:PRC newspaper

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