ROBOTICS, ARTIFICIAL INTELLIGENCE & LAW

Conjunction of Fashion Law & Artificial Intelligence

The use of Artificial Intelligence in the Fashion Industry has gained momentum over the past few years. Though it provides a myriad of opportunities and innovative services like ability to try-on clothes and make-up and give styling solution digitally, it also presents potential copyright challenges. Brands like Zara seek to implement interactive fitting rooms for a personalized styling solution for their customers, while other brands use technology and data analysis to understand and respond to customer’s preferences. With constantly changing trends, AI is being used to analyse existing consumer data, sale pattern, profitable element of the apparels to predict the upcoming trends. It is being used to create and generate fabric designs, silhouettes, and sketches. However, in the light of the current IP legislation and growth of AI technology, who owns the copyright in the AI-created designs is a point of debate.

When designs are created using an AI, but the inputs and instructions are given by human, ownership of the designs can be attributed to the human. However, with developments in technology, AI- machines are now capable of creating designs without human input or interference. In such a case, where a design is created without human interference, the ownership can be attributed to the person who has the copyright in the AI software used to generate the designs or to the AI itself. Currently the Indian Copyright law does not give exhaustive rights to the AI-generated designs and gives no clear answer to who owns the designs created using AI.

Further, Section 13 of the Copyright Act clearly defines the copyright subsists only in original work. Thus, for a copyright to subsists in an AI-generated work, the designs must be original and satisfy all the test of originality but whether an AI creates original designs is still questionable. In India, the law has time and again focused on the requirement of human inputs and intellect for copyright protection. AI created designs could be protected under the copyright law as compilations. But to claim copyright in compilations, the designs must be produced with exercise of skill and labour and not be a mere product of labour and capital.[1] Copyright law only protects fruits of intellectual labour, skill and judgement and not work created using a machine. Given that the law only protects works with some human contribution and skills, question arises what happens to designs created using AI when human input is limited to pushing a button or speaking?

No doubt AI in the fashion industry is a lucrative and attractive venture but it poses several legal challenges. Investors and designers are unable to gauge the value of the designs created by the AI due to the ambiguity of law, whether the designs will be protected or who will own the designs. Particular attention must be given to the ownership of the designs and that companies and designers using AI, should explicitly address the question of ownership beforehand, to protect them against the legal challenges.

[1] Eastern Book Company & Ors v. D.B.Modak & Anr. ((2008) 1 SCC1)

Artificial Intelligence and Legal Personality

It comes as no surprise that with the state and age at which Artificial Intelligence is functioning a legal status must be accorded to it. Steps have been ensued in the following direction by various countries specially that from Saudi Arabia which has endowed citizenship to ‘Sophia’ a humanoid, on similar line various developments have been made in regards to it by the Japanese Government as well.

However in India, the legislation has fallen short of the technological development. This has been a problem not only peculiar to India but several other countries as well. The urgency now that has become quite superficial is how important it is to bestow a legal status to AI, especially in this age of ‘Big Data’

The arguments mentioned down below shed some light on the idea why AI must be given legal status; or rather this cause has become completely non-negotiable.

Autonomous Character

After the algorithm for AI has been set, it becomes completely self-sufficient to make decisions of its own, not much external impetus is required with the decision making aspect of Artificial Intelligence. Therefore all the attributes pertaining to the autonomous character reflect on the very fact which is of utmost essence is the conferring of legal status to AI

Symbolic Intellectual

Adding to the point discussed above briefly, is the fact that Artificial Intelligence is a ‘Symbolic Intellectual’ even though it lacks a body and soul of its own, but still it can work and think like any other human. In 1970 Marvin Minsky told Life Magazine, “from three to eight years we will have a machine with the general intelligence of an average human being.”[1]

The skepticism surrounding AI doesn’t end here; in fact it leaves room even for many other questions. If somehow we decide the liability, then other questions that automatically propels itself to the surface which includes the questions of Jurisdiction and Compensation.

Also the important issue is which liability is to imposed be it joint, strict or Vicarious. Therefore the only thing that we can conclude is that, there are more questions than there are answers.

AVANTIKA SHUKLA

BA-LLB 3th Year

BVDU NEW LAW COLLEGE, PUNE

[1] sitn.hms.harvard.edu/flash/2017/history-artificial-intelligence/

ARTIFICIAL INTELLIGENCE: Towards Legal World…

Introduction:

Technology today has not only advanced in terms of size, capacity and speed, but it also has grown more intelligent. Intelligence of the Technology has made it very useful in one’s daily life. Such intelligence of Technology is called as Artificial Intelligence. Artificial Intelligence is a rapid growing Science and thus has become a major field of study in Science. With growing advancements, there is also growing Legal concerns in Artificial Intelligence. To introduce Legal theory and impose Legal control on Artificial Intelligence it is imperative we first understand the concept of Artificial Intelligence in detail.

What is Artificial Intelligence?

Artificial Intelligence is a concept which gives the ability to machines to think and decide upon the course of action which needs to be taken. Therefore the ability to think on its own and the ability decide is known as Intelligence. Such intelligence is being granted to the machines i.e. robots and hence the name Artificial Intelligence. If Robotics is the body then Artificial intelligence is the soul which gives life to the robots. The Artificial intelligence is again different from that of Human Intelligence in many ways. Human intelligence is based on both logics and common sense, but the Artificial Intelligence is completely based on Logics. This is because of the fact that Artificial Intelligence is built by the software programs, source codes, algorithms etc. John McCarthy is regarded as the Father of Artificial Intelligence.

Different types of Artificial Intelligence:

Different types of Artificial Intelligence are based on two major categories:

Type 1: Based on Capabilities:

Narrow Artificial Intelligence: This type of Artificial Intelligence is the mostly commonly available artificial intelligence. Narrow AI is a type of AI which is able to perform a dedicated task with intelligence. It cannot perform beyond its specified capabilities. Example: Siri in I-Phones

General Artificial Intelligence: General AI is a type of intelligence which could perform any intellectual task with efficiency like a human. The idea behind the general AI to make such a system which could be smarter and think like a human by its own. Currently there is no system which can perform such capabilities. Such type Artificial Intelligence is still under research.

Super Artificial Intelligence: Super AI is a level of Intelligence of Systems at which machines could surpass human intelligence, and can perform any task better than human with cognitive properties. It is an outcome of general AI. Some key characteristics of strong AI include capability include the ability to think, to reason, solve the puzzle, make judgments, plan, learn, and communicate by its own. This type of Artificial Intelligence is a hypothetical and is under research.

Type 2: Based on Functionalities:

Reactive Machines: Purely reactive machines are the most basic types of Artificial Intelligence. Such AI systems do not store memories or past experiences for future actions. These machines only focus on current scenarios and react on it as per possible best action. Example: Google’s AlphaGo

Limited Memory: Limited memory machines can store past experiences or some data for a short period of time. These machines can use stored data for a limited time period only. Example: Self-driving cars, Navigation systems in cars.

Theory of Mind: Theory of Mind AI should understand the human emotions, people, beliefs, and be able to interact socially like humans. These types of AI machines are still not developed, but researchers are making lots of efforts and improvement for developing such AI machines.

Self-Awareness: Self-awareness AI is the future of Artificial Intelligence. These machines will be super intelligent, and will have their own consciousness, sentiments, and self-awareness. These machines will be smarter than human mind. Self-Awareness AI does not exist in reality still and it is a hypothetical concept[1].

Conclusion:

Full-fledged Artificial Intelligence is often seen as a threat to Humanity. Therefore having Legal control over Artificial Intelligence is the only way we can have control over it. There are many legal issues that needs to be explained in Law to have a legal control such as: Personality of Artificial Intelligence, Nature of Liability of Artificial Intelligence in case of Civil wrongs and Criminal wrongs, Penal Provisions for Artificial Intelligence, Contractual Liability, Data Privacy issues etc. are some of the major concerns that needs to be addressed to have full-fledged control over Artificial Intelligence.

[1]Types of Artificial Intelligence, https://www.javatpoint.com/types-of-artificial-intelligence

Concept of Robotics & Law

To have legal regulations on Robotics, there is a need to understand the concept of Robotics and the different types of Robots which are in existence in today’s world and also the future predictions of Robotics Development. In this article we shall discuss the concept of Robotics, types of robots involved and then understand its significance from the legal perspective.

What is Robotics?

Robotics is a branch of engineering that involves the conception, design, manufacture, and operation of robots. This field overlaps with electronics, computer science, artificial intelligence, mechatronics, nanotechnology and bioengineering[1]. Thus Robotics is a branch of science which involves the confluence of other branches.

Types of Robots:

Mobile Robots:

These are the robots which can move from one place to another. Further this kind of robot is classified into types:

Rolling robots:

These are the robots which have wheels to move from one place to another. Some of the examples are

Walking robots:

These are the robots which have legs to move. These robots are used in rocky terrains where normally wheels cannot move. Such robots normally have 6-8 legs to move. Such robots are used in space missions like exploration of moon.

Industrial/Stationary robots:

These are the robots which do a repetitive action for ‘n’ number of times without moving from its place. These robots are widely used in the industries and thus the name ‘industrial’. Manufacturing industries like automobile industry use these types of robots for the production of automobiles in large scale.

Remote-controlled robots:

These robots are used for a hazardous task where robot is not that intelligent. Therefore human being is required to control the robot for hazardous tasks. Tasks such as defusing the bomb remote-controlled robots, sometimes these robots are also used for evacuation purposes.

Autonomous robots:

These are the robots which are self-contained or self-supporting. These robots run a program which gives them the opportunity to think on their own depending on the surroundings. Such robots are used in the military operations and rescue missions[2].

Virtual robots:

These robots don’t exist in real life; they are the building blocks of software inside a computer. Best examples of virtual robots are the ‘Siri’ in Apple I-phones, ‘Cortana’ in Microsoft operating software.

These are the 5 basic types of Robots which are commonly used for different areas to achieve the desired aim. Most of these types of Robots are commonly used in industrial sector like Automobile sector etc. Autonomous robots and virtual robots are still in development stage.

Conclusion:

It is important to have regulations on Robotics because with proper Legal Regulations we can prevent imminent threat in the near future by controlling the scope of development of Autonomous Robots and Virtual Robots. Although still in developmental stage such types of Robots will pose a threat in the future if there is no laws to control.

Therefore from the above study we can conclude that Robotics in a controlled environment is safe to be used and by this way we can have legal regulations to regulate Robotics.

[1]Robotics definition, Find a tech definition, http://whatis.techtarget.com

[2]Autonomous Robots, How robots work, http://science.howstuffworks.com

Artificial Intelligence and Patent Law

Introduction:

Artificial Intelligence. Never have two words fanned the flames of curiosity of a generation of individuals since the birth of the Technological era. Artificial Intelligence, as the term itself suggests, refers to the constellation of technologies that enable machines to act with a level of higher intelligence emulating the human capabilities of sense, comprehension, computation and processed action[1]. Given the great innovative leap offered by Artificial Intelligence, it is rather surprising to hear about there being very few / virtually no laws regarding working, definition, boundaries and patenting of the same. In this Article, we shall deal with the contentious relation of Artificial Intelligence and Patent Law.

What is Artificial Intelligence?

Artificial Intelligence as a concept has been prevalent for centuries. Since the time of the Ancient Greeks and Romans when an “automaton” showcasing human tendencies was discussed to the era of explosion in Science innovation and fiction of the late 19^th century early 20^th century. However, the term Artificial Intelligence was first mentioned in the now landmark 1956 conference at Dartmouth College. It was here that the leading minds of America in the technological fields came to discuss, put forward and deliberate on Artificial Intelligence and its role in those times. Renowned British mathematician and cryptographer Alan Turing was one of the earliest proponents of Artificial Intelligence, even coming up with a test known as “Turing Test” to determine whether the test subject was human or Artificial Intelligence. Despite the human race having conceptualised the possibility of Artificial Intelligence ages ago, we still haven’t been able to properly define the exact boundaries of the term. This has been both a boon and a curse. It is a boon for it helps us grow and innovate every day with utmost freedom. It is a curse however as well for there lies no regulation or protection under the modern laws for the same, as seen specially in developing and under developed countries.

Patenting of Artificial Intelligence and Machine Learning:

If we are to momentarily don the hat of historians, we will notice a batch of interesting points in time period of the modern era. This is specially seen in the last century wherein the term “Patent” and “Intellectual Property” has gained significant traction. The time gap between the next great leap in the field of technology has begun to shrink rapidly. This can be seen especially in the area of Artificial Intelligence and Machine learning. Both these areas have seen one of the fastest growths, specifically in regards to their learning and use in developing nations in Asia and Africa. However, to protect such innovations, we have seen an advent in the areas of Patent Law, specifically in developed regions of the world. We can see the difference in development of patent protection of Artificial Intelligence as follows:

United States of America:

The United States of America is one of the leading developers in the field of Artificial Intelligence innovation and creation. Title 35 of the United States Code, Subject 101 (35 USC § 101) deals with the question of patentability. The wide scope offered was seen as a manner to boost business and technological growth. However, the Supreme Court of the United States (SCOTUS) in the landmark judgement of Alice Corporation Private Limited V/s CLS Bank International stated that patent claims directed towards subject matters pertaining to functions performed by any person showcasing an ordinary mental process or by a human being using a pen and paper and without showing any significant growth in the requisite “inventive step” would be denied. The two steps of Alice, despite being primarily for software, have been applied to Artificial Intelligence as well.

The above test was applied in the Blue Spike LLC v. Google Inc. and has subsequently lead to increased polarisation in the critical analysis of the Alice judgement. One of the biggest criticisms against the Alice judgement has been its oversimplification in deciding whether a particular subject must be patented or not. The two step process while seemingly made to ease the patent litigation only caused more confusion for it could be interpreted differently by separate courts. Moreover, the terms “software” and “Artificial Intelligence” are in no manner to be construed to mean the same merely because both rely on computer language and algorithmic functions. Artificial Intelligence is far more inherently complex in nature as compared to everyday software and thus must be analysed and determined on a case to case basis.

European Union:

The European Patent Office (EPO) is one of the first Patent Authorities of the world to delve extensively in the field of Artificial Intelligence and Deep learning. We see this in the guidelines regarding guidelines for Artificial Intelligence and machine learning. The EPO is one of the few offices to actively attempt to differentiate between mere algorithmic mathematical modules of everyday use and that used in Artificial Intelligence which is based on computational methods and algorithms regarding classification, clustering, regression and dimensionally reduction, such as neural networks, genetic algorithms and support vector machines among others. Guideline 3.3.1 is specific only to Artificial Intelligence and machine learning and lays down relatively modern grounds for patentability of Artificial Intelligence. In 2018, the EPO held its first conference on the patenting of Artificial Intelligence.

India:

In India the term Artificial Intelligence is yet to be fully comprehended and looked upon. Its use and bare purpose is known only to the upper echelons of urban India and there hasn’t been a pan India move to educate and inculcate the very use, purpose and nature of Artificial Intelligence in all strata of society. This limitation of knowledge has been extremely painful in growth and innovation in the field of Artificial Intelligence. However, with the advent of technology and internet connection to the rural masses there lies a hope that advancements in Artificial Intelligence will not remain mere conjectures of science fiction but rather everyday use.

The Patents Act, 1970 under Section 3(k) bars algorithms and programmes per say with no specification regarding the area of Artificial Intelligence and machine learning. Even the Computer Related inventions (CRI), 2017 does not delve extensively in the direction of Artificial Intelligence. The NITI Aayog in a Discussion Paper has bemoaned the lack of patent laws regarding Artificial Intelligence as a separate identity and not one limited to software, programs and algorithms. Currently, attempts to patent Artificial Intelligence are done in the same manner as seen with software in India, by attaching it to some form of novel hardware and put them up for patenting as one entity. However, should India truly feel the urgency to be in the race of technological innovation, they must update the patenting and patent examination grounds as seen in the European Union.

Conclusion:

The world of Artificial Intelligence is the world of the future. As human kind grows increasingly reliant on Artificial Intelligence, there is an ardent need for the laws of innovation and protection such as Patent Law to increase the specificity of manner, definition and boundaries of the same. Artificial Intelligence, while having the same base material as software, algorithms and software must be held as a different entity. To equate Algorithms, programmes and software of everyday use as seen under Patents Act, 1970 with Artificial Intelligence is akin to likening protozoa and amoeba with that of early human beings. There lies an extensive amount of difference between the two. Mayhap it is time the law recognised the same.

SHREYAS SHETTY

BALLB-5th Year

ILS LAW COLLEGE, PUNE

[1] Page 12, NITI Aayog Discussion Paper on “National Strategy on Artificial Intelligence”

INTRODUCTION TO ROBOTICS & ARTIFICIAL INTELLIGENCE

Today the world is dependent on technology for almost everything. Setting Alarm to wake up to setting reminder to go to bed Technology has become a support system for man to survive in this world, exactly just like a ventilator. With ever increasing dependency of man on technology, it has led to a great leap in the advancements in technology. Today we have man controlled Robots in major industries like Defence, Automobile etc for the ease of performing risky works. These are the Robots which work in the controlled environment i.e. they are under the control of man. But what about the machines which have been granted the ability to think and the ability to choose? What about the machines which track our daily activities and analyse our behaviour? The ability of machines to think and choose is called as Artificial Intelligence.

Artificial Intelligence has grown rapidly with the introduction of Nanotechnology. With the advent of Nanotechnology there is a tremendous breakthrough in achieving great advancements in technology. Nanotechnology in the field of Biology, Energy, and Mechanics etc. has given us a breakthrough in modernisation of Robotics.

With this article we shall begin with a series of detailed articles about the Robotics & Artificial Intelligence and study the impact if it is left unchecked and uncontrolled. With the rise of Robotics & Artificial Intelligence, man has posed an unimaginable threat for the future generations. What happens if the Artificial Intelligence becomes uncontrollable? The impact of such a threat would be extinction of mankind. Therefore there is a need for legal framework to regulate Robotics & Artificial Intelligence. With the need for Legal framework we do not mean to restrict the use of Technology but we mean to provide a legal structure for the development of the technology in such a way that it is not threatening the human race.