Generative artificial intelligence has now been widely adopted for commercial use, giving rise to platform-related infringement issues that pose significant legal challenges, including ambiguity regarding the identity of the liable party, difficulty in determining fault, and uncertainty about how responsibilities should be allocated. This article summarizes and organizes typical AI infringement cases observed from 2023 to 2026, and elucidates the key points of contention in courts’ assessments of three critical aspects: the nature of the platform, the standard for establishing fault, and the allocation of multi-party liability. By analyzing the European Union’s Regulation (EU) 2024/1689 of the European Parliament and the Council-aimed at establishing harmonized rules for artificial intelligence and revising the classification methods for risks set forth in several regulations and directives-we propose a tiered duty-of-care system anchored on two fundamental criteria: the platform’s "control" and “benefit.” For high-risk content in sectors such as news, healthcare, and finance, prior processing or human review should be mandatory. Moreover, if a platform independently edits or recommends AI-generated content, it will be deemed to bear strict liability. The framework proposed here is both judicially applicable and sufficiently specific, striking a balance between safeguarding users’ rights and fostering technological advancement.
Generative AI; Platform Liability; Internet Service Provider; Duty of Care; Judicial Determination.
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