China · Shanghai · Platform Liability

Shanghai RAG Search Links Case

An AI search engine returned links to unauthorised television copies. On the specific facts, the courts found neither direct nor contributory infringement by the operator.

Court or tribunal
Shanghai Xuhui District People’s Court; Shanghai Intellectual Property Court
Representative decision date
25 December 2025
Procedural status
Dismissal upheld on appeal; published in an SPC representative-case release in 2026

01

Factual background & dispute

  • The service used retrieval-augmented generation and public web sources.
  • A rights holder found infringing cloud-storage links and requested removal.
  • The operator removed the results that day.

02

Core issues & judicial focus

  1. Search services versus direct provision of works
  2. Technology-specific knowledge and care standards
  3. Timely and effective notice handling

03

Judicial finding & holding

  • The appellate court upheld dismissal of the damages claim.
  • The operator had not uploaded the links and was not found at fault for contributory infringement.
  • The SPC release ties care to technology, service design, result formation and algorithmic and data advantages.
Dates & procedural record
  • First-instance dismissal; upheld on appeal on 25 December 2025.
  • Published in the SPC representative-case release.

04

Practical risk implications

01Document crawling, ranking, active recommendations, generated summaries and link display separately.

02Retain notices, result snapshots, removal timestamps and follow-up testing; do not treat prompt removal as an unconditional safe harbour.

03Include source checks, infringement-risk assessment and algorithm-compliance evidence in RAG acceptance testing.

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