Shulou(Shulou.com)11/24 Report--

According to news on February 9, ChatGPT, an American artificial intelligence generative tool, has also caused great winds and waves in China thousands of miles away.

In just two months since the launch of ChatGPT on November 30 last year, the number of global monthly active users reached 200 million, setting a new record for the rapid growth of users.

At first, the attention to ChatGPT in China is mainly focused on the circle of technicians who pay attention to artificial intelligence. with the global popularity of ChatGPT, the people who pay attention to ChatGPT in China have spread rapidly.

In the stock market, A-share ChatGPT concept stocks have led the rise for many days in a row, allowing many company stocks to turn around overnight. While individual investors in stocks are happy to return to their blood, they are also going back to learn what ChatGPT is.

ChatGPT can complete the task of writing email, video script, copywriting, translation, code, etc. Netizens who do not speculate in the stock market also show their magical powers, and each has its own way to make money with the help of ChatGPT.

Can the content generated by ChatGPT be used at will? Is there a legal risk for domestic users to use ChatGPT? What do people in the legal circle think.

Selling accounts, writing novels... ChatGPT domestic porters earn "price difference" ChatGPT is not open to Chinese users, can not use the domestic mobile phone number to register, domestic users want to use ChatGPT there are many restrictions. This "information gap" has given birth to "selling and renting ChatGPT accounts", which is a way to make money by making a difference.

Prior to this, there were a large number of waiters who sold ChatGPT accounts on Taobao platform, and there were more than 10,000 shopkeepers who paid, so it was easy to calculate the income of 50,000 or 60,000. At present, the relevant content can not be found by searching for the keyword "ChatGPT" on Taobao platform.

In bilibili, there is up who teaches "how to use ChatGPT" online, which has more than 500000 views. An one-minute video of "generating a paper with ChatGPT" has been shared more than 10,000 times.

Some people use ChatGPT-generated content to help the question-and-answer community and content creation platform, and some web writers have used ChatGPT to write web articles to make money.

Who owns the copyright of the work written in ChatGPT? Lawyers talk about ChatGPT risk as a new thing, how should we treat the content generated by ChatGPT? How to understand the risks in the use of these generated content?

Wang Junlin, senior partner of Beijing Pacific Century Law firm and director of Beijing intellectual property legal Affairs Department (I), said: "China's current copyright Law does not have special provisions on the copyright of AI products, and most countries in the world are in a blank state. With the development of science and technology, AI products are increasingly close to the creation of natural people in terms of content, form, and even expression. However, according to the actual level of economic development, if such software products are fully protected in the current legal system from the perspective of works in the sense of copyright law, it is a challenge to the basic norms of the subject of civil law. Therefore, it should still be a necessary condition for a work in the sense of copyright law to be created by a natural person or by a legal person under specific circumstances.

From this point of view, ChatGPT products, including AI products, do not constitute works in the sense of copyright law.

Even so, although the AI product does not constitute a work, it does not mean that it can be freely used by the public after it enters the public domain. For AI software developers, the benefits can be obtained by charging fees for the use of the software. Therefore, the property rights and interests related to AI products should generally be enjoyed by AI software users. "

So, from the existing legal point of view, what are the possible legal risks of ChatGPT products?

Lawyer Wang Junlin said: "ChatGPT is dancing on the shoulders of giants, and its calculation is based on a huge knowledge base. If the works included in the knowledge base have not passed the time limit of protection, they should be authorized by the copyright owner, otherwise they will be suspected of infringing other people's copyright." At the same time, if the content generated by ChatGPT is similar to that of existing works, is it suspected of infringing copyright? In addition, for more professional questions, such as law, medicine, etc., if the answers generated by ChatGPT bring personal damage or property losses to users, how can users claim tort damages? These issues are controversial.

In addition, some precedents believe that if the AI product is original, and the users of AI software deeply participate in the creation process of the AI product, the AI product embodies the personalized arrangement and choice of the users behind it, and the external performance also meets the formal requirements of the work, at this time, the AI product should be recognized as a work in the sense of copyright law. In this case, the AI software user is the copyright owner, and the rights related to the AI product are owned by the AI software user.

In view of this, we believe that if the users of AI software deeply participate in the creation process of AI products, it will meet the necessary condition of "created by natural persons", which is a necessary condition for works in the sense of copyright law; secondly, AI products reflect the creator's personalized selection, judgment, arrangement and skills, and it meets the originality requirements of works in the sense of copyright law. Under these conditions, the AI product may constitute a work in the sense of copyright law. "

In fact, there may not be much time left for ChatGPT to make a difference at home.

In China, the name of Baidu's similar ChatGPT product project has been set as "Wen Xin Yiyan", which claims to be doing a sprint before going online and is expected to be online in March.

It is also reported that Ali Damo is developing a ChatGPT-like dialogue robot, which has been opened for testing by employees in the company.

If the actual capability of domestic ChatGPT products can be comparable to or even higher than ChatGPT, then there is no need to bother to use ChatGPT.

Now, the pressure to Baidu, Ali, come on!

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