DeepSeek is Making Waves – But What About the IP?

DeepSeek, the latest AI disruptor from China, is shaking up the industry—but at what cost to intellectual property (IP) and data privacy?

The Rise of DeepSeek

DeepSeek, a Chinese artificial intelligence (AI) startup founded in 2023 by Liang Wenfeng, has rapidly emerged as a competitor to OpenAI and Google. Based in Hangzhou, China, its R1 model demonstrates impressive capabilities. With a team sourced largely from top Chinese universities, DeepSeek has gained attention for its efficiency and performance. However, the platform has also sparked discussions regarding data privacy and ethical practices in AI development.

[UPDATE: A clarification must be made that the DeepSeek source code can be downloaded and run offline, thus eliminating the data privacy concern for misuse of information. However, the data privacy concerns remain for online use of DeepSeek, and for other AI platforms that can also absorb and benefit from user-provided information.]

Data Privacy Risks

DeepSeek’s privacy policy states that user data—including chat messages and personal information—is stored on servers in China. The platform also automatically collects device information and user interactions.

Critics have expressed concerns about the potential misuse of this data, particularly under Chinese regulatory frameworks that allow government access to data stored within its borders. This should raise a flag for international users, who might inadvertently share sensitive information, leaving them vulnerable to geopolitical misuse.

Intellectual Property Concerns

Another major concern revolves around allegations of intellectual property (IP) misuse in the development of DeepSeek’s AI models.

Some suggest that DeepSeek’s models may have been trained using outputs from existing AI systems, such as OpenAI’s ChatGPT. Reports indicate that the platform exhibits behaviors and patterns consistent with having been derived from GPT-4’s architecture, raising questions about compliance with OpenAI’s terms of service, which explicitly prohibit using their outputs to train competing models.

This has led to speculation that DeepSeek’s accelerated development may, in part, rely on data scraped or extracted from rival AI systems. Such practices, if confirmed, not only violate IP rights but also undermine consumer trust in company behaviors and ethics.

The Open-Source Debate

Supporters of open AI development, however, argue that building on top of existing systems can lead to breakthroughs that benefit the entire field. Meta’s Chief AI Scientist, Yann LeCun, stated in a recent interview:

“Open-source models are surpassing proprietary ones. DeepSeek’s success shows the value of building on shared knowledge.”

LeCun highlights the balance between protecting IP and fostering innovation. Sure, open exchange of ideas can accelerate progress. But when is this appropriate, and when is it not? Guidelines – and transparency – are needed to ensure ethical and lawful use of shared resources.

Protecting Innovation and Trade Secrets

For inventors and researchers, DeepSeek’s rise serves as a warning.  How can companies protect their IP in an AI-driven world?

  • Controlled data access: Restrict open sharing of proprietary research; be clear on when open platforms are appropriate for use.
  • Watermarking AI-generated content: Help to trace unauthorized usage and deter theft.
  • Company-wide policies: Ensure employees follow best practices when using AI tools, especially to provide a trade secret misappropriate defense.

Organizations must proactively safeguard their trade secrets to avoid unintended leaks of proprietary knowledge.

The Bigger Picture

DeepSeek’s controversies highlight broader challenges in AI governance. Users need to exercise vigilance around data security and the use of their IP in AI platforms. Policymakers, researchers, and users alike must advocate transparency, user data protection, and ethical standards in AI.

Only then can the industry ensure that technological advancements benefit society without compromising fundamental principles of ethics, privacy and fairness.

What Do You Think?

Should AI development be more tightly regulated to protect IP? Does open collaboration outweigh the risks? Drop your thoughts in the comments—let’s discuss!