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We explore how the concept of unjust enrichment captures the wrongfulness of unauthorised data use in a manner distinct from IP infringement and privacy violations. Furthermore, we analyse the extent to which gain-based restitution for unjust enrichment may prove more advantageous than existing remedies, including legal, equitable, and statutory options. We content that by shifting the emphasis from establishing wrongful conduct to recovering benefits obtained unjustly, unjust enrichment offers a pragmatic and equitable framework that reconciles the rights of data owners with the interests of AI developers.
| Subjects: | Computers and Society (cs.CY) |
| Cite as: | arXiv:2605.23503 [cs.CY] |
| (or arXiv:2605.23503v1 [cs.CY] for this version) | |
| https://doi.org/10.48550/arXiv.2605.23503 arXiv-issued DOI via DataCite (pending registration) |
|
| Journal reference: | Common Law World Review, Vol. 55(2), 2026 |
From: Jyh-An Lee [view email]
[v1]
Fri, 22 May 2026 11:06:11 UTC (319 KB)
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