被AI骗了，能索赔吗？

Core Viewpoint - The Hangzhou Internet Court ruled on China's first case of infringement due to AI "hallucination," rejecting the user's compensation claim, emphasizing that AI does not have civil subject status [3][4]. Legal Perspective - The court determined that AI lacks civil subject qualification, meaning its "promises" cannot be considered as the platform's intent [4]. - The ruling clarified the principle of liability, stating that generative AI is categorized as a "service" rather than a "product," thus applying general fault liability under the Civil Code rather than strict product liability [4]. - The court found that the defendant had fulfilled its obligations regarding model registration and safety assessment, and had provided adequate warnings in user agreements, indicating no subjective fault [4]. Technical Perspective - AI "hallucination" is a fundamental flaw of large language models, stemming from their probabilistic nature in generating text rather than true comprehension of facts [4]. - Experts suggest that the "hallucination" of large models may be a necessary trade-off for maintaining their creativity [4]. Industry Implications - Holding platforms fully accountable for AI "hallucinations" could stifle innovation and ultimately harm the societal value of technology [5]. - The severity of AI "hallucination" risks varies significantly depending on the application context [6]. High-Risk Applications - In high-risk fields such as healthcare, finance, and law, AI "hallucinations" could lead to serious consequences, necessitating differentiated legal treatment for foundational models and their applications [7]. - Legal frameworks may need to establish clearer technical standards for high-risk areas, requiring industries to invest more in reducing the occurrence of "hallucinations" [7]. Public Awareness - The ruling serves as a reminder to the public that even advanced AI is merely a probabilistic model and not an omniscient entity, urging users to take responsibility for their decisions [8]. - The advancement of technology must be accompanied by legal safeguards to ensure a balanced approach between development and safety [8].