中图分类号：D913文献标识码：ADOI:10.19358/j.issn.2097-1788.2025.06.010
引用格式：孙辉. 深度伪造商业应用软件的权利侵害及制度因应——基于裁判文书的实证分析［J］.网络安全与数据治理，2025，44（6）：69-74,81.

Rights infringements and institutional responses to deepfake commercial application software: an empirical analysis based on court judgments

Abstract： With the widespread application of deepfake technology, the infringement issues arising from its commercial application software have become increasingly prominent. Based on a sample of 41 judicial decisions, this paper finds that the current judicial decisions struggle to curb infringement activities. The root causes lie in the insufficient deterrence of civil liability, the imbalance in the litigation response capabilities between natural persons and enterprises, and the absence of legislation and protection mechanisms for short video copyright. To address these issues, a composite liability system is proposed to increase the cost of infringement; diversified judicial participation is advocated to enhance the litigation response capabilities of litigation subjects; and dual-track governance for short video copyright is proposed to elevate the level of protection through legislation and awareness enhancement. The aim of this study is to balance technological innovation and rights protection, providing theoretical references for curbing corresponding infringement trends and maintaining market order.

Key words : deepfake; infringement; copyright; right to portrait