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Keyword: Artificial intelligence

Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies external link

Senftleben, M., Margoni, T., Antal, D., Bodó, B., van Gompel, S., Handke, C.W., Kretschmer, M., Poort, J., Quintais, J. & Schwemer, S.
JIPITEC, vol. 13, iss. : 1, pp: 67-86, 2022
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Abstract

In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperability is particularly strong. Without data improvement, unprecedented opportunities for monetising the wide variety of EU creative and making this content available for new technologies, such as artificial intelligence training systems, will most probably be lost. The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU is facing major obstacles not only in the field of music but also in other creative industry sectors. Weighing costs and benefits, there can be little doubt that new data improvement initiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. A trade-off between data harmonisation and interoperability on the one hand, and transparency and accountability of content recommender systems on the other, could pave the way for successful new initiatives.

Links

  • https://www.jipitec.eu/issues/jipitec-13-1-2022/5515 https://www.ivir.nl/jipitec_2022/

Artificial intelligence, Collective licensing, Content moderation, Copyright, creative industry, cultural diversity, Digital Services Act (DSA), interoperability, market concentration, market failure, metadata, Music Modernization Act, recommender systems, SME, Transparency, trustworthy AI

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The commodification of trust external link

Bodó, B.
Blockchain & Society Policy Research Lab Research Nodes, num: 1, 2021
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Abstract

Fundamental, wide-ranging, and highly consequential transformations take place in interpersonal, and systemic trust relations due to the rapid adoption of complex, planetary-scale digital technological innovations. Trust is remediated by planetary scale techno-social systems, which leads to the privatization of trust production in society, and the ultimate commodification of trust itself. Modern societies rely on communal, public and private logics of trust production. Communal logics produce trust by the group for the group, and are based on familiar, ethnic, religious or tribal relations, professional associations epistemic or value communities, groups with shared location or shared past. Public trust logics developed in the context of the modern state, and produce trust as a free public service. Abstract, institutionalized frameworks, institutions, such as the press, or public education, science, various arms of the bureaucratic state create familiarity, control, and insurance in social, political, and economic relations. Finally, private trust producers sell confidence as a product: lawyers, accountants, credit rating agencies, insurers, but also commercial brands offer trust for a fee. With the emergence of the internet and digitization, a new class of private trust producers emerged. Online reputation management services, distributed ledgers, and AI-based predictive systems are widely adopted technological infrastructures, which are designed to facilitate trust-necessitating social, economic interactions by controlling the past, the present and the future, respectively. These systems enjoy immense economic success, and they are adopted en masse by individuals and institutional actors alike. The emergence of the private, technical means of trust production paves the way towards the widescale commodification of trust, where trust is produced as a commercial activity, conducted by private parties, for economic gain, often far removed from the loci where trust-necessitating social interactions take place. The remediation and consequent privatization and commodification of trust production has a number of potentially adverse social effects: it may decontextualize trust relationships; it removes trust from the local social, cultural relational contexts; it changes the calculus of interpersonal trust relations. Maybe more importantly as more and more social and economic relations are conditional upon having access to, and good standing in private trust infrastructures, commodification turns trust into the question of continuous labor, or devastating exclusion. By invoking Karl Polanyi’s work on fictious commodities, I argue that the privatization, and commodification of trust may have a catastrophic impact on the most fundamental layers of the social fabric.

Links

  • https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3843707

Artificial intelligence, blockchains, commodification, frontpage, Informatierecht, Karl Polanyi, reputation, trust, trust production

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Trends And Developments In Artificial Intelligence: Challenges To Patent Law external link

Quintais, J., Gervais, D.J. & Hugenholtz, P.B.
2021
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  • http://patentblog.kluweriplaw.com/2021/01/27/trends-and-developments-in-artificial-intelligence-challenges-to-patent-law/

Artificial intelligence, EU law, frontpage, Patent law

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Toward a Critique of Algorithmic Violence external link

Bellanova, R., Irion, K., Lindskov Jacobsen, K., Ragazzi, F., Saugmann, R. & Suchman, L.
International Political Sociology, vol. 15, num: 1, pp: 121–150, 2021
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Abstract

Questions about how algorithms contribute to (in)security are under discussion across international political sociology. Building upon and adding to these debates, our collective discussion foregrounds questions about algorithmic violence. We argue that it is important to examine how algorithmic systems feed (into) specific forms of violence, and how they justify violent actions or redefine what forms of violence are deemed legitimate. Bringing together different disciplinary and conceptual vantage points, this collective discussion opens a conversation about algorithmic violence focusing both on its specific instances and on the challenges that arise in conceptualizing and studying it. Overall, the discussion converges on three areas of concern—the violence undergirding the creation and feeding of data infrastructures; the translation processes at play in the use of computer/machine vision across diverse security practices; and the institutional governing of algorithmic violence, especially its organization, limitation, and legitimation.

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  • DOI: https://doi.org/https://doi.org/10.1093/ips/olab003

affordences, algorithmic violence, Artificial intelligence, cloud computing, frontpage, governance, harm, interdisciplinary, machine learning

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AI Regulation in the European Union and Trade Law: How can accountability of AI and a high level of consumer protection prevail over a trade law discipline on source code?, study commissioned by the Vzbv, Amsterdam: Institute for Information Law, 2021 external link

Irion, K.
2021
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Abstract

The Federation of German Consumer Organisations (Verbraucherzentrale Bun-desverband – vzbv) has commissioned this study from the Institute for Information Law (IViR) at the University of Amsterdam, in order to shed light on the cross-border supply of AI technology and its impact on EU consumer rights. In the current negotiations on electronic commerce at the World Trade Organisation (WTO), the EU supports the introduction – in the legal text – of a clause which prohibits the participating countries to introduce – in their national laws – measures that require access to, or transfer of, the source code of software, with some exceptions. This is a cause for concern for experts and rights advocates, as such a clause – if not carefully conditioned – can prevent future EU regulation of AI that may be harmful to consumers. This study concludes that the source code clause within trade law indeed restricts the EU’s right to regulate in the field of AI governance in several important ways.

Links

  • https://www.ivir.nl/irion_study_ai_and_trade_21-01-26-2/

accountability, application programming interfaces, Artificial intelligence, auditability, Electronic commerce, EU consumer protection, frontpage, GATS, source code, transpareny, WTO law

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Trends and Developments in Artificial Intelligence: Challenges to Copyright external link

Hugenholtz, P.B., Quintais, J. & Gervais, D.J.
Kluwer Copyright Blog, 2020
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Links

  • http://copyrightblog.kluweriplaw.com/2020/12/16/trends-and-developments-in-artificial-intelligence-challenges-to-copyright/

Artificial intelligence, Auteursrecht, frontpage

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Panta rhei: A European Perspective on Ensuring a High-Level of Protection of Digital Human Rights in a World in Which Everything Flows external link

Irion, K.
Amsterdam Law School Research Paper No. 2020, num: 38, 2020
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  • https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3638864

Artificial intelligence, data flow, EU law, Human rights, WTO law

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Trends and Developments in Artificial Intelligence: Challenges to the Intellectual Property Rights Framework: Final Report external link

Hugenholtz, P.B., Quintais, J., Gervais, D.J., Hartmann, C. & Allan, J.
2020
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Abstract

This report examines copyright and patent protection in Europe for AI-assisted outputs in general and in three priority domains: science (in particular, meteorology), media (journalism), and pharmaceutical research. It comprises an assessment of the state of the art of uses of AI in the three focus areas, and a legal analysis of how IP laws currently apply to AI-assisted creative and innovative outputs. The report concludes that the current state of the art in AI does not require or justify immediate substantive changes in copyright and patent law in Europe. The existing concepts of copyright and patent law are sufficiently abstract and flexible to meet the current challenges from AI. In addition, related rights regimes potentially extend to ‘authorless’ AI productions in a variety of sectors, and the sui generis database right may offer protection to AI-produced databases resulting from substantial investment. However, taking into account the practical implications of AI technologies, the report identifies specific avenues for future legal reform (if justified by empirical evidence), offers recommendations for improvements in the application of existing rules (e.g. via guidelines), and highlights the need to study the role of alternative IP regimes to protect AI-assisted outputs, such as trade secret protection, unfair competition and contract law.

Links

  • https://op.europa.eu/en/publication-detail/-/publication/394345a1-2ecf-11eb-b27b-01aa75ed71a1/language-en https://www.ivir.nl/publicaties/download/Trends_and_Developments_in_Artificial_Intelligence-1.pdf

Artificial intelligence, frontpage, Intellectuele eigendom

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News Recommenders and Cooperative Explainability: Confronting the contextual complexity in AI explanations external link

Drunen, M. van, Ausloos, J., Appelman, N. & Helberger, N.
2020
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Links

  • https://www.ivir.nl/publicaties/download/Visiepaper-explainable-AI-final.pdf

Artificial intelligence, frontpage, news recommenders, Technologie en recht

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Netherlands/Research external link

Fahy, R. & Appelman, N.
1029, pp: 164-175
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Abstract

How are AI-based systems being used by private companies and public authorities in Europe? The new report by AlgorithmWatch and Bertelsmann Stiftung sheds light on what role automated decision-making (ADM) systems play in our lives. As a result of the most comprehensive research on the issue conducted in Europe so far, the report covers the current use of and policy debates around ADM systems in 16 European countries and at EU level.

Links

  • https://www.ivir.nl/publicaties/download/Automating-Society-Report-2020.pdf https://automatingsociety.algorithmwatch.org/

Artificial intelligence, automated decision making, frontpage, Technologie en recht

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The Institute for Information Law (IViR) engages in cutting-edge research furthering the development of information law, and provides a forum for critical debate about the needs, interests, rights and freedoms of the information society

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