| As a popular word in the society nowadays,artificial intelligence has been excessively promoted,which seems that all electronic things can be connected with it.Thus,it causes the different understanding of the generated data by AI of scholars,which leads to the one-sided understanding and research of the generated data by AI.The research on the differences between various types of generated data by AI is not carried out.Meanwhile,great differences emerge in the legal protection research on the generated data by AI.In the computer field at present,it has three mainstream definitions of artificial intelligence,which also proposes three classifications,such as weak artificial intelligence,strong artificial intelligence and super artificial intelligence.The definition of "behaviorism" for "artificial intelligence" in the field of law is more appropriate to adopt by combining with the current weak artificial intelligence technology background.Based on this,it defines the generation result of artificial intelligence as the generated data by artificial intelligence,which has the features of non-material,complex content carrier,replicable or reproducible communication,and intelligent generation process.As the artificial intelligence applications are gradually popularized,it will certainly lead to more disputes related to the generated data by artificial intelligence,while it if full of disputes for the discussion on its protection in the academic circle.When it comes to the generated data by AI,it is the result of perception analysis by AI autonomy or as an auxiliary tool.The judgement of people’s court analyzes the reasons of generated data by AI belonging to works or not in two cases of copyright disputes over the generated data by AI in China.In the meantime,there are problems that the judgement of the court are not solved in the case.The protection for generated data by AI through the way of copyright is not only reasonable but also insufficient.While some problems still exist in the field of artificial intelligence,which cover subjectivity,the identification of the "originality" of the data generated by artificial intelligence.Thus,it obtains that artificial intelligence can not have any subject qualification,which also proposes the suggestion such as adopting the identification method of "focusing on the results and being more objective" for the generated data by artificial intelligence.Correspondingly,the neighboring right protection way needs to recognize that the copyright protection is reasonable before it can be applied though it is suitable in the value.As a result,a new kind of right-data generator right is designed by referring to the neighboring right.Besides,it is both reasonable and insufficient to protect the generated data by AI for other protection methods,such as data property protection,fruits protection and ant-unfair competition law protection.In view of the reasons why it is difficult to realize the legal protection of generated data by AI,some suggestions are proposed in this thesis according to the previous analysis,such as the establishment of a set of multi-layered protection system for the generated data by AI.Through the combination of the advantages and disadvantages of various protection methods,it classifies the generated data by artificial intelligence into four categories,which also adopts different protection methods to protect different types of generated data by artificial intelligence.Then,it takes anti-unfair competition law protection way as the bottom line to realize the design of multi-layered structure mode on legal protection of generated data by artificial intelligence. |
