Legal issues concerning Generative AI technologies
We are witnessing an accelerated technological evolution that has enabled the development of artificial intelligence in various fields, allowing it to gradually infiltrate the entire society. We intend to cover only a small subset of AI technologies in our paper, that of Generative Artificial Intelligence (GenAI). Our objectives are to shed light on the legal issues that GenAI can cause and to find solutions to them. We begin with a definition of GenAI in the much broader context of AI technologies. Answers to a few essential questions are to be found: 'How does GenAI work?', 'What could GenAI be used for?', 'What legal issues could arise from using a GenAI?'. To accomplish our goals, we first conduct a literature review to define artificial intelligence (AI) in general and GenAI in particular. Several lawsuits are chosen to illustrate the magnitude of the legal problems and to test the feasibility of possible solutions in both the national and EU legal systems. Then, we analyse GenAI'
We are witnessing an accelerated technological evolution that has enabled the development of artificial intelligence in various fields, allowing it to gradually infiltrate the entire society. We intend to cover only a small subset of AI technologies in our paper, that of Generative Artificial Intelligence (GenAI). Our objectives are to shed light on the legal issues that GenAI can cause and to find solutions to them. We begin with a definition of GenAI in the much broader context of AI technologies. Answers to a few essential questions are to be found: 'How does GenAI work?', 'What could GenAI be used for?', 'What legal issues could arise from using a GenAI?'. To accomplish our goals, we first conduct a literature review to define artificial intelligence (AI) in general and GenAI in particular. Several lawsuits are chosen to illustrate the magnitude of the legal problems and to test the feasibility of possible solutions in both the national and EU legal systems. Then, we analyse GenAI's output, liability for its contents and for its use, altogether with examples of related contractual clauses.
Executive Summary
The article 'Legal issues concerning Generative AI technologies' explores the legal implications of Generative Artificial Intelligence (GenAI) within the broader context of AI technologies. It defines GenAI, examines its functionality and potential applications, and identifies legal issues arising from its use. The authors conduct a literature review, analyze relevant lawsuits, and discuss liability for GenAI outputs and contractual clauses. The study aims to provide solutions to these legal challenges within national and EU legal frameworks.
Key Points
- ▸ Definition and functionality of GenAI
- ▸ Potential applications of GenAI
- ▸ Legal issues arising from GenAI use
- ▸ Analysis of liability for GenAI outputs
- ▸ Contractual clauses related to GenAI
Merits
Comprehensive Literature Review
The article provides a thorough literature review that effectively defines AI and GenAI, setting a solid foundation for the discussion on legal issues.
Case Law Analysis
The inclusion of relevant lawsuits helps illustrate the magnitude of legal problems and tests the feasibility of potential solutions.
Practical Solutions
The article offers practical solutions to the identified legal issues, making it valuable for both legal practitioners and policymakers.
Demerits
Limited Scope
The article focuses only on GenAI, which may overlook broader AI legal issues that could be relevant to the discussion.
Geographical Focus
The analysis is primarily centered on national and EU legal systems, potentially limiting its applicability to other jurisdictions.
Lack of Technical Depth
While the article touches on the technical aspects of GenAI, it could benefit from a more detailed technical analysis to better inform the legal discussion.
Expert Commentary
The article provides a timely and relevant exploration of the legal issues surrounding Generative AI technologies. By focusing on the definition, functionality, and applications of GenAI, the authors lay a solid groundwork for understanding the legal challenges it presents. The inclusion of case law analysis adds practical insights, making the discussion more relatable and actionable. However, the article's scope is somewhat limited, as it does not delve into the broader AI landscape or other jurisdictions beyond the EU and national legal systems. A more comprehensive technical analysis could also enhance the legal discussion, providing a deeper understanding of the technology's implications. Despite these limitations, the article offers valuable solutions and recommendations that can guide legal practitioners and policymakers in addressing the evolving challenges posed by GenAI.
Recommendations
- ✓ Expand the scope of the analysis to include broader AI technologies and their legal implications.
- ✓ Incorporate a more detailed technical analysis to better inform the legal discussion.
- ✓ Consider the legal implications of GenAI in a global context, including jurisdictions outside the EU and national legal systems.
