Some general and extraordinary aspects of Artificial Intelligence
Artificial Intelligence (“AI”) is very much the new hype, but not only a hype. Finding a verified definition has not been an easy task, since the AI has evolved through the years, in fact since 1950’s. 1
Now, in year 2024 we have finally some legal definitions, most notably in the European Union AI Act draft:
“Article 3(1) of the draft act states that ‘artificial intelligence system’ means:
…software that is developed with [specific] techniques and approaches [listed in Annex 1] and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with. 2
Perhaps the best guarantee of this definition is that nobody is perfectly content with it, but most stakeholders do agree that it is a good compromise. Still, there are those holding Ph.D. in Technology claiming that one should remove the “intelligence” from the concept of artificial intelligence.
An advisor to parties planning any kind of reorganization, merger or acquisition may hear very different estimates about potential AI held by the target company or companies.
Many other countries and regions are pushing for AI regulation e.g. USA and China3, and unfortunately the definitions are not uniform. This brings additional challenges for cross-border transactions covering AI.
One point of relief is the very first word in the AI Act draft definition, namely “software”. An approach therefore should be the same as if with any software. AI simply has some specific features and functionalities in addition to the basic layout and functionality as software.
_________________________
1Max Roser (2022) – “The brief history of artificial intelligence: The world has changed fast – what might be next?” Published online at OurWorldInData.org. Retrieved from: ‘https://ourworldindata.org/brief-history-of-ai’
2European Commission, Proposal for a regulation of the European Parliament and of the Council laying down harmonized rules on artificial intelligence (artificial intelligence act) 2021/0106 (COD)
3https://techmonitor.ai/technology/ai-and-automation/the-state-of-ai-regulation-around-the-world
|