The technology has been evolving beyond leaps
and bounds. The innovations of today are even beyond the scope of imagination
of the previous generation. Artificial Intelligence(AI) has been an innovation
with guarantee for a considerable length of time. The capacity to control
colossal volumes of information rapidly and proficiently, recognizing designs
and rapidly investigating the most ideal arrangement can be connected to a
large number of everyday perspectives. Nevertheless, it is projected to evolve
as a major pioneer in handling real-time processing of enormous amounts of information,
where AI could be used to find answers to problems and issues lingering from
over a long period of time. Although, “there is no legal definition of
AI as yet, but AI is most commonly defined as the science of making computers
do things that require intelligence when done by humans.”1
Stephen Hawking had once said “the
short-term impact of AI depends on who controls it; the long-term impact
depends on whether it can be controlled at all.”2 “Legally
speaking, it can lead to a complexity in ownership, especially if multiple
contributors are involved in the development of an AI system”3. “In
cases of infringement, we face another problem altogether, as there currently
is no legal framework that provides for a machine or program as an ‘infringing
party’, i.e. robots cannot be held liable for acts or omission that cause
damage to third parties”4. Despite
the fact that the human operator of the robot could be held accountable, the
issues here boils down to the point, that how could one recognize who the original
creator is, and whether in such a scenario, the automated technology driven by
AI has the capacity to make self-governing choices keeping in mind the best
outcome of the scenario, also including the element of human sympathy in the
A substantial section of the population
today realise that they have been affected and that their life is being strongly
impacted by the presence of Artificial Intelligence in day to day chores. When some
technologies act as assistants to help us make reasoned decisions; some are
designed to work for us to make our daily tasks easier and guide us easily. We
have reached a saturation point where this substantial section doesn’t even
realise that on the pretext of technology they are dealing with an artificial entity.
For e.g. Artificial intelligence
robots can currently be found in autonomous self-driving vehicles, financial institutions
like banks and medical industries for assistance.5
Artificial Intelligence has now slowing been incorporated
in the scientific dimensions across multiple disciplines. Its everyday use has truly
made our lives less demanding. AI is normally utilized as a part of the various
research based on explorations, expeditions, dealing in life threatening
situations, chemical tests, navigation, data compilations, musical creations, etc.
As is evident, the issues pertaining to AI is
no longer a minor science experiment or research, the technologies are our
reality and their activities and involvement sometimes forms parts of legally
directed procedures and protocols. Current law does not host any special status
or privilege for these innovative technologies, however as of now, there has
been speculations for a long period of time as to make AI legally responsible,
atleast to the extent of bearing the responsibility as the author/operator.
“We may soon be entering a world in which
computerized reasoning will wind up plainly ordinary. In 1985, while
considering the work delivered by PCs, Judge Whitford reached the determination
that “the PC was close to the apparatus … It is as unlikely as it is proposed
that, on the off chance that you compose your work with a pen, it is the pen
which is the creator of the work instead of the individual who drives the
Does this conclusion stay genuine when seen nearby our fast improvement in the
field of counterfeit consciousness and the alarming expectations made by
1 Ray Kurzweil, The Age of
Intelligent Machines (Cambridge, MA: MIT Press, 1990).
2 J. Lohr, Artificial
intelligence drives new thinking on patent rights, LimeGreen IP News
(15 July 2016), via:
Accessed 18 December 2017.
3 J. Lohr, ibid.
4 EP Committee on Legal Affairs, Public
Consultation on Civil Law Rules on Robotics: Background (9 February
2017), via: http://www.europarl.europa.eu/committees/en/juri/public-consultation-robotics-background.html..Accessed
28 November 2017.
5 E. Palmerini, F. Azzarri, F.
Battaglia et al.,”Regulating Emerging Robotic Technologies in Europe:
Robotics facing Law and Ethics” (September 22, 2014),
http://www.robolaw.eu/ Accessed December 19, 2017.
6 Express Newspapers Plc v Liverpool
Daily Post & Echo Plc 1985 1 W.L.R. 1089 Ch D at 1093 G.
7 See Samuel Gibbs, “Elon Musk:
artificial intelligence is our biggest existential threat” (October 27,
Rory Cellan-Jones, “Stephen Hawking warns artificial intelligence could
end mankind “(December 2, 2014), BBC News,
and Stuart Dredge, “Artificial intelligence will become strong enough to
be a concern, says Bill Gates” (January 29, 2015), Guardian,
All accessed December 27, 2017.
8 Emily Dorotheou, ‘Reap The
Benefits And Avoid The Legal Uncertainty: Who Owns The Creations Of Artificial
Intelligence?’ (2015) 85 Computer and Telecommunications Law Review.