Civil vs Common law

Posted Oct 29, 2024 10:03 UTC (Tue) by kleptog (subscriber, #1183)
In reply to: Why not two licences? by NYKevin
Parent article: OSI readies controversial Open AI definition

> IMHO the most likely outcome is that the public gets bored of this debate long before it progresses to the point of actually affecting policy decisions of major western governments, at which point it will be up to the courts to clarify how and whether the existing "derivative work" right applies to AI training.

That might work for Common Law systems like the US, but in Civil Law systems (most of Europe at least) the courts generally can't make these kinds of major policy changes and will punt the problem to the legislature to sort out. The EU AI Act 2024 covers all the stuff that everyone could agree on already (e.g. training for non-commercial use is fine). The question of what to do about training data for commercial use is subject of much political debate. The EU executive/legislature is currently in a look and see mode to see if businesses can work out an agreement amongst themselves and are only likely to step in if it looks like someone is using their market power illegitimately, or we start seeing serious negative public policy impacts.