The Legal Boundaries of Commercial Utilization of Data in the Age of Artificial Intelligence
The development of the digital economy requires that data be circulated in the market as a factor of production,and the development of artificial intelligence has accelerated the commercial utilization of data circulating in the market.The commercial utilization of data involves multiple interests.At the internal level of data sharing,the commercial utilization of data involves the interrelationships among the original source of data,the generator of original data and the user of data;at the external level of data market circulation,the commercial utilization of data involves the interrelationships among the user of data,the consumer based on the data,and the competitors in the interactive utilization of data.The commercial utilization of data should not infringe upon the legitimate interests of the other party as its legal boundary.At the level of data sharing,commercial utilization of data should be limited to the extent that it does not infringe on the personality rights of the original source or the trade secret rights and interests of the original data producer;at the level of data market circulation,commercial utilization of data should be limited to the extent that it does not infringe on the rights and interests of the consumers or the relevant market competitors.
digital economydatacommercial utilizationinternal boundaryexternal boundary
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