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李小龙等已故名人遭Sora 2“复活”引争议,这涉及哪些法律风险?
Xin Lang Cai Jing· 2025-10-10 02:14
Core Viewpoint - The emergence of AI technologies, such as Sora 2, which generates videos featuring deceased celebrities, raises significant ethical and legal concerns regarding the unauthorized use of likenesses and personal data of the deceased [3][12]. Group 1: Invasion of Personality Rights - The unauthorized use of deceased individuals' likenesses for commercial purposes constitutes a clear violation of personality rights, as their images are protected by law even after death [4]. - The generated content often distorts the public image of the deceased, leading to potential claims for emotional damages from their relatives due to the infringement of dignity and respect [5]. Group 2: Data Compliance Issues - The creation of "resurrected" videos relies on the illegal use of deceased individuals' biometric data, such as facial features and voice patterns, without the consent of their heirs, violating personal information protection laws [6]. - The lack of proper oversight by technology companies regarding the legality of training data used for AI models raises concerns about shared liability for infringements [8]. Group 3: Copyright Infringement Risks - The original materials used to create the videos, such as film clips and recordings, are often still under copyright protection, and their unauthorized use constitutes a derivative work violation [8]. - If technology providers fail to implement effective copyright filtering mechanisms, they may face indirect infringement liabilities, especially if they are aware of the infringing content [9]. Group 4: Legal Outcomes and Family Rights - Legal precedents suggest that families of deceased celebrities have a high probability of winning lawsuits against companies like OpenAI for unauthorized use of likenesses and personal data [10]. - The potential defenses that OpenAI might raise, such as the "historical figure exception," lack legal grounding and may not withstand scrutiny in light of existing laws protecting personality rights [11]. Conclusion - The controversy surrounding Sora 2 highlights the clash between technological advancements and ethical/legal boundaries, emphasizing the need for updated regulations to protect the dignity of the deceased [12].
不懂这七点,AI时代的广告科技领导者很难活下去?
3 6 Ke· 2025-09-29 08:59
Core Insights - The advertising technology industry has created 1.54 million jobs in the U.S. and generated $974 billion in revenue, significantly contributing to the overall digital economy, which is approaching $5 trillion and accounts for 18% of the U.S. GDP [1] Industry Overview - There are nearly 10,000 companies operating in the advertising technology sector, with over 400 new companies emerging each year, covering various specialties such as supply forecasting, privacy protection, and cross-platform integration [2] - The industry has evolved through market fluctuations, trial and error, corporate consolidation, and technological iterations, with AI being a transformative force reshaping the landscape [2] Required Qualities for Executives - New generation executives must combine product sensitivity with strategic vision, recognizing that product technology is now integral to corporate strategy rather than merely a tool [4] - Executives need to have a comprehensive understanding of market dynamics, including the economic relationships between advertisers and media platforms, to make informed decisions [6] - A collaborative mindset is essential, as data has become the "fuel" of the marketing ecosystem, necessitating partnerships that transcend traditional competitive boundaries [8] Compliance and Operational Awareness - The advertising technology sector has shifted to a highly regulated environment, requiring executives to possess compliance judgment and regularly verify partners' adherence to ethical standards [9] - There is a need for a scaling operational mindset, moving away from a focus on quick exits to sustainable growth strategies [10] Continuous Learning and Resilience - Executives must maintain a perpetual learning attitude, adapting to rapid industry changes and understanding regulatory frameworks and global market dynamics [11] - Courage and perseverance are critical as AI transforms workflows, presenting uncertainties that require leaders to navigate challenges and iterate plans effectively [13] Summary of Core Competencies - The seven essential competencies for the next generation of advertising technology executives include product sensitivity and strategic vision, market dynamics mastery, collaborative mindset, compliance judgment, scaling operational awareness, continuous learning, and courage and resilience [14]
周天喜:数据资产化是从合规出发的系统性工程
Ren Min Wang· 2025-09-23 03:31
Core Viewpoint - In the digital economy era, data is recognized as the fifth production factor, and the transformation of data resources into assets for capitalization is a central strategic focus for enterprises, financial institutions, and nations [1] Group 1: Data Compliance - Data compliance is deemed a prerequisite for data assetization, requiring enterprises to ensure legal data sources and clear authorizations while strictly adhering to legal requirements for data collection, storage, usage, and sharing [1] - Compliance is not only a legal obligation but also a key factor in enhancing data credibility and market recognition [1] Group 2: Data Rights and Legal Framework - The issue of data rights is complex and critical, with the "three rights separation" system proposed in the "Data Twenty Articles" needing further clarification regarding data resource holding rights, data processing and usage rights, and data product operating rights [1] - Existing legal precedents can provide guidance, particularly regarding the "data product operating rights," which legally protect the labor results and profit rights of data processors, thus providing legal assurance for the commercialization of data products [1] Group 3: Pathway to Data Assetization - The pathway to data assetization is a systematic project that starts from compliance, moves through rights confirmation and entry into financial statements, and ultimately leads to securitization [1] - Future areas of focus include the role of technologies such as blockchain and the Internet of Things in providing more reliable verification and management support for data assets, as well as the ongoing demand for asset liquidity and transparency driving innovative applications of data assets [1]
北京市中闻律师事务所合伙人、中国信息界数字经济法治研究中心副主任戴伟:合规是数据资产化的前提
Core Viewpoint - The first Qinghai Data Element Ecological Conference aims to promote the new development pattern of data elements in Qinghai, injecting new momentum into the high-quality development of the digital economy in the western region [2] Group 1: Data Assetization - The data element market in China is transitioning from "resource" to "asset," with the implementation of the "Interim Provisions on Accounting Treatment of Enterprise Data Resources" on January 1, 2024, marking the operational phase of data assetization [3] - China is the first country globally to classify data as a production factor, representing significant theoretical and institutional innovation [3] - The legal framework for data governance in China is built around three core laws: the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law, supported by policies like the "Data Twenty Articles" and the aforementioned accounting provisions [3][4] Group 2: Legal and Compliance Framework - The first step in data assetization is to clarify "who has the right to use and how to use" the data, emphasizing the need for data property legislation [4] - The "Data Twenty Articles" introduces a three-rights separation system: holding rights, processing and usage rights, and product operation rights [4] - Compliance is seen as a prerequisite for data assetization, with the three fundamental laws in the compliance field being crucial [5] Group 3: Risk Management and Future Outlook - Common compliance issues include illegal acquisition, usage, disclosure, processing, trading, and data leakage, with specific risks identified in data sourcing, processing, and product development [5][6] - A four-part support system is proposed for data assetization: legal framework, compliance system, rights confirmation mechanism, and trading platform [6] - The data element market is expected to reach a scale of approximately 500 billion yuan by 2026, driven by policies promoting public data authorized operations and financial innovations like data asset securitization and data trusts [6]
【新华财经调查】中国车企出海面临三大关口 本土化已成趋势
Xin Hua Cai Jing· 2025-09-16 01:35
Group 1: Industry Overview - The 2025 IAA in Germany showcased 748 exhibitors, with 116 from China, representing nearly one-third of overseas participants, surpassing local German companies [1] - Chinese automotive exports reached 3.083 million units in the first half of 2025, with a 75.2% increase in new energy vehicle exports [2] - BYD's sales in Europe exceeded 130,000 units in 2025, marking a 210% year-on-year growth [2] Group 2: Challenges and Strategies - Chinese automakers face significant entry costs, operational costs, and geopolitical challenges when entering the European market [4] - To address these challenges, companies like BYD plan to localize production in Europe, with a factory in Hungary expected to start production this year and another in Turkey by 2026 [4][5] - Other companies, such as Leap Motor and Xpeng, are also pursuing local production and establishing R&D centers in Europe [5] Group 3: Technological Advancements - Chinese companies are leading in technology development, with Momenta showcasing AI-driven Robotaxi technology at the IAA [3] - Partnerships with international giants like Bosch and Qualcomm are being formed to enhance technological integration within the German automotive ecosystem [6] Group 4: Data Compliance and Regulations - The EU's stringent data protection regulations, including GDPR and the upcoming AI Act, pose compliance challenges for Chinese companies [7][8] - Companies are advised to integrate data compliance into their strategic planning to navigate complex international regulations effectively [9] Group 5: Service Network Development - Establishing a robust service network is crucial for building consumer trust in Europe, as local service capabilities impact brand sustainability [10] - Leap Motor has established around 1,700 sales and service points globally, emphasizing the importance of local service networks for market penetration [10]
“碰一下”风口上的商米科技:冲刺港股IPO再遇信息安全“拷问”
Xin Lang Cai Jing· 2025-09-11 08:57
Core Viewpoint - The focus on data protection and information security has intensified as Shanghai Sunmi Technology Group Co., Ltd. (Sunmi Technology) prepares for its IPO in Hong Kong, following previous regulatory scrutiny during its attempt to list on the STAR Market in 2021 [1][2][3]. Group 1: Regulatory Scrutiny - Sunmi Technology has faced multiple inquiries from regulatory bodies regarding data compliance, particularly concerning user information collection, storage, and usage [3][4]. - The China Securities Regulatory Commission (CSRC) has requested Sunmi Technology to provide additional information on its information security practices, including the scale of user data collected and whether personal user information is shared with third parties [3][6]. - The company previously withdrew its A-share IPO application in 2022 after facing two rounds of inquiries from the Shanghai Stock Exchange [5][6]. Group 2: Business Operations and Partnerships - Sunmi Technology has been a key provider of devices for mobile payment solutions, collaborating with Ant Group since 2018 to promote facial recognition payment systems [7][8]. - The company has deployed tens of thousands of devices across China, with its "Alipay Touch" service reaching over 400 cities and more than 100 million users [8][9]. - Sunmi Technology acknowledges that its business model necessitates frequent collection and processing of user data, raising concerns about data privacy and compliance [9]. Group 3: Financial Performance - Sunmi Technology's financial performance shows fluctuations, with revenues of 3.404 billion yuan, 3.071 billion yuan, and 3.456 billion yuan projected for 2022 to 2024, alongside net profits of 160 million yuan, 101 million yuan, and 181 million yuan [12]. - The company's revenue heavily relies on hardware sales, accounting for 99.5%, 98%, and 99.5% of total income from 2022 to 2024, indicating a lack of diversification in its business model [12].
迪奥客户数据泄露风波背后:如何维护买单人的隐私
Hua Xia Shi Bao· 2025-09-10 18:16
Core Viewpoint - The article highlights the data security breach incident involving Dior (Shanghai) and emphasizes the broader issue of data protection challenges faced by luxury brands in the context of increasing digitalization [1][2][5]. Group 1: Incident Details - Dior (Shanghai) was found to have committed three violations regarding personal information protection, including unauthorized data transmission to its French headquarters and failure to inform users adequately about data handling [2][3]. - The data breach was discovered on May 7, 2025, and involved unauthorized access to customer data, including names, phone numbers, and email addresses, but did not include sensitive financial information [3][4]. Group 2: Industry Context - The luxury goods sector has seen multiple data breaches this year, with brands like Cartier and Louis Vuitton also experiencing similar incidents, indicating a systemic issue within the industry [5][6]. - Experts suggest that the luxury brands' reliance on high-end image and customer service has led to insufficient investment in data governance, treating compliance as a secondary function rather than a strategic risk management area [3][5]. Group 3: Compliance and Management Recommendations - To address the frequent data breaches, luxury brands should enhance their compliance management, technical safeguards, and internal controls, ensuring clear communication with consumers regarding data handling practices [6][7]. - Establishing a robust data protection mechanism involves building a compliance framework, managing data throughout its lifecycle, and developing emergency response capabilities to handle data breaches effectively [7][8].
专家:你的病情隐私能否成为大数据的一部分?|数博会
Core Viewpoint - The ownership of patient medical records is a contentious issue, with hospitals, doctors, and patients each claiming rights over the data generated during medical treatment [1][2]. Group 1: Data Ownership and Privacy - Data is recognized as a new production factor, but its ownership remains disputed, particularly regarding patient medical records [1]. - Patients consider their medical records as personal privacy, while doctors argue that their expertise is necessary for data generation, and hospitals claim that without their equipment, data cannot exist [1]. - Ordinary outpatient medical records are typically owned or managed by patients, while inpatient records are managed or owned by hospitals [1]. Group 2: Challenges in Data Utilization - The complexity of data ownership leads to difficulties in data circulation and utilization, with concerns about data leakage and privacy infringement [2]. - The concept of "privacy computing" is proposed as a potential solution, allowing data value extraction without accessing original data, thus addressing ownership ambiguities [2]. - Privacy computing enables collaborative data use without transferring data outside its original domain, mitigating security and privacy risks [2]. Group 3: Technical Aspects of Privacy Computing - Privacy computing faces performance limitations, particularly in distributed models that rely on complex algorithms and frequent data transmission [3]. - New centralized privacy computing models have emerged to alleviate performance issues by encrypting data within a trusted execution environment [3]. - A hybrid approach combining centralized and distributed privacy computing is recommended based on specific needs, balancing data security and performance [3].
促进和规范数据跨境流动,将对智能汽车进出口有何影响?
Core Viewpoint - Data has become a "gold mine" and a hotspot for investment in the smart connected vehicle sector, with recent government signals promoting and regulating cross-border data flow, which is expected to benefit the import and export of smart vehicles [3][5]. Group 1: Data Generation and Importance - Smart connected vehicles generate massive amounts of data daily, reaching terabytes (TB), including various types of information such as facial expressions, actions, voice data, and vehicle location [4]. - The increasing import of smart vehicles like Tesla and the growing export of Chinese smart vehicles highlight the need for effective cross-border data flow management [5]. Group 2: Regulatory Framework - China has established a policy framework for cross-border data flow, including the implementation of the Data Security Law and the Personal Information Protection Law, which provide a legal basis for data management in the smart vehicle sector [5][6]. - The upcoming regulations, such as the "Automotive Data Export Safety Guidelines (2025 Edition)" and the "Regulations on Promoting and Regulating Cross-Border Data Flow," indicate a move towards more specialized and detailed data governance [6][12]. Group 3: Global Data Governance Challenges - Different countries have varying data governance models, with the EU's GDPR imposing strict data localization requirements, presenting challenges for Chinese smart vehicle companies operating in the EU market [7]. - The need for compliance with international regulations is pushing foreign brands in China to adapt their data management strategies, as seen with Tesla's establishment of a local data center [9]. Group 4: Technological Innovations and Compliance - Technological innovations such as privacy computing and federated learning are becoming key drivers for improving compliance efficiency in cross-border data flow [10]. - Emerging technologies like dynamic de-identification and intelligent encryption are expected to become standard practices for ensuring data security during cross-border transmission [11]. Group 5: Industry Self-Regulation and Future Outlook - Industry self-regulation is crucial for enhancing compliance levels in cross-border data flow, with proposed management systems focusing on pre-assessment, real-time monitoring, and post-audit processes [11]. - The promotion and regulation of cross-border data flow are seen as guiding principles for healthy industry development, encouraging companies to integrate compliance capabilities into their export strategies [12].
《涉案企业合规典型案例汇编(20例)》.pdf
梧桐树下V· 2025-08-28 02:09
Core Viewpoint - The article emphasizes the critical importance of corporate compliance, highlighting 20 typical cases released by the Supreme People's Procuratorate, which include issues such as fraudulent VAT invoicing, data compliance, collusion in bidding, and financial fraud [1]. Summary by Relevant Sections Typical Cases - Case 1: Environmental pollution by Zhangjiagang L Company and Zhang [3] - Case 2: Fraudulent VAT invoicing by Shanghai A Company and B Company [3] - Case 4: Collusion in bidding among construction companies in Xintai [3] - Case 5: Trademark infringement by Shanghai J Company [3] - Case 6: Sale of counterfeit goods by Zhangjiagang S Company [3] - Case 7: Collusion in bidding by Y Company in Yinan County [3] - Case 8: Major safety incident involving Z Company in Suizhou [4] - Case 9: Smuggling by Shenzhen X Company [4] - Case 10: Concealment of criminal proceeds by S Company in Wenchang [4] - Case 11: Illegal acquisition of computer information by Shanghai Z Company [6] Compliance and Rectification Measures - The article discusses the involvement of the procuratorial organs in guiding enterprises to enhance compliance, particularly in the context of data compliance and the establishment of third-party supervision mechanisms [6][12]. - Shanghai Z Company, involved in illegal data acquisition, demonstrated a strong willingness to rectify compliance issues, leading to a decision of non-prosecution after compensation to the affected party [10][14]. - The establishment of a data compliance committee and the implementation of a data security management system were highlighted as key steps taken by Z Company to address compliance risks [15]. Data Compliance Framework - The article outlines a structured approach to data compliance, including data classification, risk monitoring, and the establishment of a data security management system [17][19]. - It emphasizes the importance of regular data audits and the creation of a comprehensive data inventory to ensure compliance with industry standards [20][27].