Re: Draft EU AI Act regulations could have a chilling effect • The Register

Dear All,

Before, wondering what to do. I suggest actually taking the time to
read the proposed law. Find what specific parts you dislike and then
write to the members of the european parliament that you think would
be willing to propose an amendment.

Personally, I read through it (in the dutch version) and do not feel
there is anything to be done. The chances that a company could
successfully sue an open-source developer is rather unlikely.
Considering this applies to high risk use of AI in products
or things that are products. High risk is defined in article 6, para 2
and annex 3, the number of open source projects that could fall under
this category is IMHO approximately 0. With the caveat that
open-source used in such projects should, again in my opinion,
fall under the law. But as the vast majority of open-source is
provided "as is" with a disclaimer of warranty in one way or another,
any integration for use in a high risk AI  must develop the technical
documentation etc. to comply with the law. The risk is therefore
properly
on the integration side. Not the open-source developer side.

e.g
You are a developer (Alice) of a little program to help teach people
to learn english. You make a little AI for scoring tests. You are not
concerned because it is not high risk.
continuing:
You are a developer (Bart) of a software system testing if people's
level of english is sufficient to be allowed into university. You are
in the category of high AI.
(Annex 3, item a,b)
Bart uses the little AI open sourced above by Alice, You need to be
able to explain and provide the documentation demanded. If you can't
do this with the little AI module (written by Alice) then you (Bart)
are not allowed to use it for your project.If this Bart does use it
for the high risk AI project, the legal risks are extremely likely to
be fully in Bart's court.
Yes, Bart could sue Alice, chances of success are minimal under all
reasonable standards.

Could this be painful for Alice, yes. But being sued by random Bart's
that have no standing is  a risk we all already have and this does not
really raise it IMHO.

Best regards,
Jerven

On Tue, Sep 13, 2022 at 10:11 AM Dan Brickley <danbri@danbri.org> wrote:
>
> Is there any response from actual Open Source AI projects? Or collaborative data initiatives like Wikidata?
>
> Speaking of large tech companies - including my employer, Google - many have focussed very heavily on Open Source, and have significant investment in the Open Source ecosystem being healthy.
>
> Dan
>
> On Tue, 13 Sep 2022 at 01:13, Paola Di Maio <paola.dimaio@gmail.com> wrote:
>>
>> Do we have a plan?
>>
>> On Tue, Sep 13, 2022 at 12:13 AM ProjectParadigm-ICT-Program <metadataportals@yahoo.com> wrote:
>>>
>>> The EU AI Act could spell disaster for open source development and put the AI development in the hands of large companies in the corporate sector. This could also create problems for any technologies using ontologies, semantic web technologies, knowledge graphs, predictive algorithms, knowledge representation, the use of which could be construed as artificial intelligence.
>>>
>>> https://www.theregister.com/2022/09/11/in_brief_ai/
>>>
>>> Milton Ponson
>>> GSM: +297 747 8280
>>> PO Box 1154, Oranjestad
>>> Aruba, Dutch Caribbean
>>> Project Paradigm: Bringing the ICT tools for sustainable development to all stakeholders worldwide through collaborative research on applied mathematics, advanced modeling, software and standards development



-- 
Jerven Bolleman
me@jerven.eu

Received on Tuesday, 13 September 2022 11:10:59 UTC