Proceeding of 2025 8th International Conference on Humanities Education and Social Sciences (ICHESS 2025)

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The Application of “Situational Analysis” in Generative Artificial Intelligence Infringement Liability

Authors
Zhuocheng Liu1, *
1Law School, Macau University of Science and Technology, Macau, 999078, China
*Corresponding author. Email: 1220010461@student.must.edu.mo
Corresponding Author
Zhuocheng Liu
Available Online 26 March 2026.
DOI
10.2991/978-2-38476-551-5_61How to use a DOI?
Keywords
Generative Artificial Intelligence; Situational analysis; Infringement liability; Intellectual property
Abstract

Currently, the Chinese academic circle primarily applies the doctrines of general fault liability and no-fault liability to determine the identification of Infringing subject and liability allocation in generative AI infringement cases. However, in judicial practice, the inherent flaws of these two liability doctrines often impose an unduly onerous burden of proof on either the plaintiff or the defendant. Moreover, generative artificial intelligence undergoes multiple stages from input to output, involving different entities for training and setting requirements, ultimately resulting in the generation of content. Focusing solely on the infringing entity as the platform provider does not align with the demands of technological advancement. Therefore, the scope of Infringing subject should not be restricted to AI platforms alone, but should be expanded to include users and AI data trainers to clarify the subjects of tort liability. The application of the situational analysis theory in liability allocation can facilitate the implementation of regulations governing tort liability for generative AI.

Copyright
© 2026 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceeding of 2025 8th International Conference on Humanities Education and Social Sciences (ICHESS 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
26 March 2026
ISBN
978-2-38476-551-5
ISSN
2352-5398
DOI
10.2991/978-2-38476-551-5_61How to use a DOI?
Copyright
© 2026 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Zhuocheng Liu
PY  - 2026
DA  - 2026/03/26
TI  - The Application of “Situational Analysis” in Generative Artificial Intelligence Infringement Liability
BT  - Proceeding of 2025 8th International Conference on Humanities Education and Social Sciences (ICHESS 2025)
PB  - Atlantis Press
SP  - 570
EP  - 579
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-551-5_61
DO  - 10.2991/978-2-38476-551-5_61
ID  - Liu2026
ER  -