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律师诉《王者荣耀》,5小时庭审激辩游戏匹配机制是否应公开
Nan Fang Du Shi Bao· 2025-08-13 06:58
玩家起诉腾讯《王者荣耀》要求公开游戏匹配机制一案首次开庭审理。8月12日晚7点半,《王者荣耀》 玩家、律师孙千和结束庭审,走出深圳市南山区人民法院沙河人民法庭。尽管该案涉及的游戏匹配机 制,与游戏算法在定义上不完全重合,但此案仍被冠以"中国游戏算法第一案"引发广泛关注。"王者荣 耀"作为热搜关键词登上了12日的微博热搜榜第一。 当晚,孙千和在法庭外向等候数个小时的南方都市报等多家媒体表示,这场原定于3点半庭审提前了1个 小时开始,质证过程进行了2个多小时,庭审过程约5小时,未当庭宣判。据其透露,当天庭审的争议焦 点在于《王者荣耀》的匹配机制是否应该公开。 作为此次庭审为自己辩护的律师,孙千和向南都记者透露,游戏匹配机制是否应该公开是此次法庭归纳 的案件焦点。"对方认为是技术秘密,我认为基于知情权应该公开,游戏不应该排除在算法规制之外, 比如抖音可能已经公开了,游戏领域虽然相对来说关注较少,但是绝对不可以没有人去规制它。" 南都记者另从参加庭审旁听的人士处了解到,针对这一争议,被告认为匹配机制在事实层面不具有控制 胜率结果的能力,游戏对局结果有多重因素导致,同时提供了随机抽取公开可查的玩家胜率,大量案例 显示玩 ...
保密信息喂养AI,是保护还是反噬?
Di Yi Cai Jing· 2025-07-16 10:50
Group 1 - The application of trade secret law in the AI field needs to redefine boundaries to alleviate the tension between technological innovation and public interest, with a fundamental premise being the prohibition of using confidential information to train GenAI and other public AI tools [1][11] - The U.S. Patent and Trademark Office and the U.S. Copyright Office have issued guidelines that restrict AI-assisted innovation's patent and copyright protections, emphasizing the need for significant human contribution for patent eligibility and excluding AI-generated materials from copyright protection [1][3] - Trade secret law provides strong protection for AI-related innovations, covering sensitive information that patents and copyrights cannot, such as data used for training AI systems or model weights, making it a vital tool for companies [1][5] Group 2 - The rapid development of AI technology has created a conflict between the insatiable demand for data, algorithms, and computing power and the need for transparency in AI technology, leading to potential societal and ethical impacts [2][7] - Using confidential data to feed GenAI has been deemed illegal in multiple countries, with significant risks of irreversible data leaks, as evidenced by international cases of data breaches involving major companies [3][4] - The systemic flaws in GenAI technology highlight the need for strict regulations, including prohibiting access to core business secrets by public AI and ensuring non-sensitive data undergoes dual processing for identity masking and business context separation [4][6] Group 3 - The expansive application of trade secret law in the AI sector has led to overprotection and potential abuse, resulting in legal, ethical, economic, and social crises that pose systemic challenges [5][6] - The lack of transparency in trade secret law creates a fundamental conflict with the need for accountability in AI technology, particularly in high-risk areas like healthcare and justice, which could lead to severe consequences [6][8] - The concentration of AI technology benefits among a few major players due to trade secret protections raises market barriers and diminishes competition, adversely affecting innovation and resource distribution [7][9] Group 4 - To mitigate the adverse effects of trade secret law in AI, a re-examination of its applicable boundaries is necessary, focusing on balancing corporate rights with public interests through transparency requirements and limited protection scopes [8][11] - The introduction of a compulsory licensing system is essential to prioritize public interest in emergencies, allowing governments to utilize protected technologies while ensuring fair compensation for providers [9][12] - Promoting collaboration between legal frameworks and technology development is crucial for optimizing trade secret law's application in AI, including the integration of transparency requirements into industry standards [9][12]
开加长林肯进盘山道,这样的挑战挺自私
Nan Fang Du Shi Bao· 2025-05-05 10:43
Core Viewpoint - The incident involving a 9-meter long Lincoln car on the "Wannan Chuan Cang Line" highlights the risks of inappropriate vehicle choices for challenging road conditions, especially during peak travel times, and emphasizes the need for better traffic management and vehicle regulations in tourist areas [1][2][3] Group 1: Incident Details - A 9-meter long Lincoln car caused significant traffic congestion on the "Wannan Chuan Cang Line" due to its size and the road's narrow, winding nature [1] - The road is known for its dangerous curves and limited width, making it unsuitable for oversized vehicles [1] - The car owner attempted to mitigate congestion by arriving early, but this was not a sufficient solution given the circumstances [1] Group 2: Public Safety Concerns - The car owner's adventurous mindset raises concerns about public safety and the potential for similar reckless behavior among tourists [2] - Historical data indicates that during peak travel times, the "Six Curves" section experiences an average traffic flow of over 5,000 vehicles per day, leading to significant congestion risks [2] - Local authorities had prepared for high traffic volumes during the holiday, but the presence of oversized vehicles poses additional challenges [2] Group 3: Recommendations for Improvement - The incident suggests the need for improved vehicle management technologies at tourist sites, such as smart identification systems to screen vehicle sizes [3] - Collaboration between vehicle owners' self-regulation and management authorities' enforcement is essential for ensuring safe travel experiences [3]