Filed under open-source
Every brief tagged "open-source".
- § 01 · SPC
Fa Fa [2026] No. 10: How the Supreme People's Court Explains Its First Adjudication Rules for AI Disputes
On 7 September 2026 the Supreme People's Court released the Opinions of the Supreme People's Court on Trying Cases Involving Artificial Intelligence Disputes in Accordance with Law (最高人民法院关于依法审理涉人工智能纠纷案件的意见), document number Fa Fa [2026] No. 10 (法发〔2026〕10号) — the first adjudication-rules document on AI from China's highest court. This brief translates the Court's own release note in full: the drafting background (the April 2025 Politburo study session, the 15th Five-Year Plan's call for rules on AI-generated output, the State Council's IP plan), the four drafting considerations (including the Court's statement that China has no dedicated AI law, so the Opinions work through the Civil Code, PIPL, Copyright Law, AUCL, Consumer Protection Law and Civil Procedure Law), and the part-by-part summary of the 24 articles. DCC then maps every article for overseas counsel — the fault-based default under Civil Code Art. 1165(1); the Article 4 rules on AI face-swapping, voice cloning and 'AI resurrection'; the Article 5 doxxing rule; Article 6 on training with lawfully public personal information; Article 7's notice-and-takedown rule for generative-AI providers; Article 8 injunctions; Article 9's physical-carrier limit on 'AI product'; Article 10 on algorithmic price discrimination and celebrity-impersonation fraud; Article 11 on autonomous and assisted driving; the IP articles 12–16 (training-data disclosure by developers, open-source exemption, AI-assisted inventions, technology contracts, data use under copyright, trade secrets and AUCL Art. 13); the procedure articles 17–20 (adverse inference, evidence review of AI output, sanctions for AI-fabricated evidence, the duty to verify and disclose AI-generated filings); and the working-mechanism articles 21–24 — and explains what a 法发 document is and is not.
- § 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.'
- § 03 · AI-GOVERNANCE
Open-Source Does Not Mean Open Data — Zhang Ping on Training-Data Compliance for Open-Source AI
Peking University Law School professor Zhang Ping, writing in 人民论坛 (People's Tribune), takes apart two misconceptions that have dominated the Chinese open-source AI discussion: that 'open source' means training data has no copyright protection, and that 'algorithm open-source' compels 'training data publication.' Both false. Zhang lays out the structural distinction: 'open source is conditional authorization under license' — applied to model weights, not to the training corpus, which is a legally independent object. She then maps the full-chain compliance risk (acquisition / processing / output) and proposes a four-tier differentiated governance framework that finance, healthcare, and government AI deployments can actually use to map their training-data inventory against compliance gates.