Responsible AI licenses - a real alternative to generally applicable laws?

Résumé

The aim of the conducted research is to present general characteristics of Responsible AI Licences, analyze their advantages and disadvantages as well as assess whether they can find wider application in practice and, above all else, to find the answer to the question posed in the title, that is if Responsible AI Licences can truly be considered a genuine alternative to generally applicable laws as a means of regulating the legal status of Artificial Intelligence. In the article the scientific content of studies on artificial intelligence and licensing of artificial intelligence has been analysed with a special emphasis on a legal point of view. Responsible AI Licences templates present on the Internet were also analysed and discussed. In view of the reflections made in the article, we must embrace the view that allows for a broader application of Responsible AI Licences in practice. Suitably drafted templates and clauses may very well be able to supplement generally applicable laws, as well as serve as a kind of “prosthesis” until relevant provisions are enacted. At the same time, however, Responsible AI Licences cannot be regarded as a real alternative to generally applicable laws and provide a comprehensive regulatory framework for the creation and use of AI.