Bonum Certa Men Certa

Misuse of Buzzwords Like Artificial Intelligence and Internet of Things to Dodge Liability

Hey Hi
Artificial Intelligence (Hey Hi) isn't a valid excuse



Summary: Terms like "Artificial Intelligence" have long been used and misused to justify wrong "moderation" and various accidents (such as 'driverless' [sic] cars), but we can help European officials see through the façade and hold reckless companies accountable, in spite of all these disingenuous 'legal hacks' with loopholes they exploit/create (through lobbying)

The EU is conducting a survey about some buzzwords, hype waves, and other nonsense. But eventually it is about liability, it is about who to hold accountable. Today, rather than present the survey, we'll focus on some background information.



The directive and supplementary information use terms such as "Artificial Intelligence" and "Internet of Things", so you know it's not about substance but nebulous concepts. From the main page: "REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE Report on the safety and liability implications of Artificial Intelligence, the Internet of Things and robotics..."

Well, robotics is a real thing, machine learning methods are a real thing (statistics for the most part, albeit formalised within frameworks or sets of methodologies), but "Hey Hi" (AI) and the rest of it suggests we're dealing here not with technical people but politicians infatuated/brainwashed by marketing people and corporate lobbyists.

This other page says: "COMMISSION STAFF WORKING DOCUMENT Evaluation of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products Accompanying the document Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the Application of the Council Directive on the approximation of the laws, regulations, and administrative provisions of the Member States concerning liability for defective products (85/374/EEC)..."

This is about Directive 85/374/EEC, whose page says: "In 2020, the Commission published a report on the broader implications for, potential gaps in and orientations for, the liability and safety frameworks for artificial intelligence, the Internet of Things and robotics..."

Of interest:



At this point in time, an associate has noted, "the goal would be to increase general awareness so that informed decisions can be made [...] rather than a call to action at this time it needs to be an awareness [campaign to] bring attention to four links just posted above. In the fourth link it is only part 3 which is relevant. [...] with the proper background knowledge it is an opportunity to nudge things the right direction, perhaps."

“So we are left today with 100s of millions if idiot companies with their idiot bosses and frazzled employees sending attachments and having multiple, conflicting versions of the same document, and having lost messages (via Microsoft Exchange) to add on top of the normal stress.”
      --Techrights Associate
Putting aside buzzwords from EU officials, as the associate has worded it, "the questions in the survey are an attempt at addressing the problems even if they don't know much about the software design underneath. One aspect which can be worthy of copious amounts of text would be the question of how much software is actually fit for purpose and what the protections people should have if they use it as advertised. Microsoft can't have it both ways. They can't both blame the victim at the same time as they are telling the victim that the software should be used in the way they are blaming the victim for using it in."

"For example, they design interfaces to be clicked on and obfuscate a lot of important information, including metadata, while embedding scripts and such, advertising it all as desirable features. Yet when those features are (mis)used the user is blamed instead of the the vendor. Same for attachments. Furthermore the reason e-mail is used as a surrogate for file sharing is that Microsoft killed off Novell NetWare without either replacing the functionality or allowing the market to fill the vacuum. So we are left today with 100s of millions if idiot companies with their idiot bosses and frazzled employees sending attachments and having multiple, conflicting versions of the same document, and having lost messages (via Microsoft Exchange) to add on top of the normal stress."

We shall follow up at a later time/date with suggestions of feedback for the EU. The above background can (or could) help prepare for a potent response, which we'll do separately now that it's over.

This debate as a whole concerns strict liability and with the consultation out of the way we have some critical words.

"Current regulations regarding product liability seem to focus around goods sold and explicitly exclude services," our associate notes. "An increasing amount of software is tied or run on remote servers, putting them into a hybrid category. As these lean towards becoming services (e.g. Microsoft Office) how much of that is being done as a dodge from product liability regulations? Software is covered, technically, but ignored so far. Products, thus software, are covered in particularly when they are used as advertised. Therefore when Microsoft victims use Microsoft products as advertised and still get harmed, Microsoft is technically liable, even if the laws have not yet been enforced that way." [1, 2]

"Council Directive 85/374/EEC of 25 July 1985, article 6.1 could be revisited in the context of proprietary software:"

Article 6

1. A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account, including:

(a) the presentation of the product; (b) the use to which it could reasonably be expected that the product would be put; (c) the time when the product was put into circulation.



To conclude: "Microsoft should not be allowed to abuse Art. 7b to try to dodge; any holes that exist are there are the time of publication, public or not."

We'll probably say a lot more later today, possibly in a video.

Recent Techrights' Posts

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day