The 199 yuan artificial intelligence online course caused controversy, and lawyers interpreted the tricks to guard against the infringement trap behind the hot knowledge payment.
The Sora model is popular all over the world, making artificial intelligence (AI) once again the focus. With this popularity, the attention of AI courses on social media platforms has only increased. Among them, many course advertisements claim that "it only takes a few hundred yuan to quickly master AI skills". Are these courses really reliable, and what legal risks are hidden behind them?
Recently, "Li Yizhou", a self-media blogger who made huge income by selling AI courses live, once again boarded the cusp of public opinion. Its WeChat applet "One boat, One lesson" for selling AI courses has been suspended due to violation of the Interim Provisions on the Development and Management of Public Information Services for Instant Messaging Tools, and related courses have also been removed.
Many students who bought the AI course in Li Yizhou accused the course of serious "water injection", many additional charging routines, and lack of after-sales and refund channels. In this regard, lawyers said that the AI courses in Li Yizhou are suspected of infringing on the legitimate rights and interests of consumers and AI model trainers, or will face legal accountability.
Suspected of false propaganda and infringement of consumer rights and interests
"Dr. Tsinghua teaches you an artificial intelligence course that you can understand", "0 basics and 0 thresholds" and "Don’t worry about learning" … Attracted by advertising slogans, many consumers spent 199 yuan to buy an AI video class in Li Yizhou online, only to find that the goods were not right after browsing.
Among the 40 courses, the duration of a single lesson is only about 10 minutes, and the shortest is only 2 minutes. The content of the course focuses on popular science, which is not only far from advertising, but also often induces students to upgrade the 1980 yuan advanced course. Although the students who bought the course were given more than 1 million advanced "computing power", they could do practical exercises such as drawing and making videos on Li Yizhou’s website "Yizhou Intelligence". However, an operation often costs tens of thousands of "calculations". After the gift of "calculation power" is spent, students will have to buy the relevant tools separately.
"This is a common low-cost drainage marketing strategy." Zhang Mingqi, a lawyer of Beijing Tianyuan (Guangzhou) Law Firm, said that if the seller sells the course at a low price but fails to guarantee the quality of the course and does not meet the publicity content, it has been suspected of violating the People’s Republic of China (PRC) Anti-Unfair Competition Law and the Price Law, which constitutes price fraud and false publicity, or will face administrative punishment.
Some students who expressed dissatisfaction were "kicked" out of the course group chat by the teaching assistants, and they could not contact customer service to apply for a refund.
There is a contractual relationship between the operator and the online course purchaser, and providing education management should be an incidental service of the course. Zhang Mingqi believes that the lack of after-sales and teaching services may also constitute a breach of contract. Consumers can ask operators to bear the responsibility according to the contract. If the operator’s related behavior constitutes fraud, according to the relevant provisions of the Consumer Protection Law, consumers even have the right to demand triple compensation.
However, Zhang Mingqi reminded that consumers should read the terms of the contract carefully before purchasing paid content. "Pay special attention to the core terms such as course content, fee amount and refund conditions, and collect and save transaction evidence when disputes arise." She said.
Suspected of infringing the copyright of AI model creators
Another big controversy in Li Yizhou AI course is that Yizhou intelligent website is suspected of stealing AI drawing model for profit.
On February 21st, a chat record posted on the online platform showed that an individual creator of AI model posted the AI drawing model of creative training on an original model sharing community website, and declared that the model could not be resold or sold as a fusion model, but then he saw the same model on Yizhou intelligent website.
The reporter saw in the above-mentioned sharing community website that users can use the AI drawing model uploaded by the creator to input requirements and generate pictures with specific styles. The model display interface all indicates: "If an enterprise needs to use the model for commercial purposes, it can contact the platform for consultation and register the model for commercial authorization."
Is AI drawing model protected by copyright law? Article 3 of China’s Copyright Law stipulates: "Works mentioned in this Law refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science". Hu Ziqi, a lawyer of Guoding Law Firm, said: "AI technology is like a drawing board that we use for traditional drawing, and its original learning material is the object of copying painting. The resulting AI drawing model still belongs to the creator’s wisdom and originality, and should be protected." He pointed out that if the creator’s statement is true, Yizhou Intelligent has used other creators’ AI drawing models for commercial purposes without permission, which has been suspected of infringing on the legitimate rights and interests of relevant creators.
Zhang Mingqi added that according to the statement of the relevant sharing community, although the AI ? ? drawing trainer publicly released the relevant model, he actually retained a number of rights. If Yizhou Intelligent Platform uses the relevant model without publicizing the creator, it is suspected of infringing the right of signature. Secondly, although Yizhou Intelligent claims to have "fine-tuned" the relevant model, the secondary development is also suspected of infringing the trainer’s software modification right; Publishing the revised model is suspected of infringing the trainer’s right to spread software information on the internet.
According to public reports, the operating entity company of the aforementioned AI model sharing community website issued a statement on February 21, saying that it privately published the AI model originally published in the community for Yizhou Intelligent, and commercialized it without notification and authorization. Lawyers have been entrusted to preserve the evidence, and legal responsibilities will be pursued against the infringer.
Nanfang Daily reporter Chen Ziyang