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Artificial Intelligence - A Dependent Legal Person - An Evolutionary Step for the United States Patent Law (Hardcover)
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Artificial Intelligence - A Dependent Legal Person - An Evolutionary Step for the United States Patent Law (Hardcover)
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Jo Bac's groundbreaking legal study asks why and how the United
States legal system should grant legal personhood to artificial
intelligence (AI). This new legal status of AI is visualized as a
dependent person, and the AI dependent legal person would be
determined by an inextricable connection between AI and a new type
of corporate body, introduced here as "AI-Human Amalgamation"
(AI-HA). Artificial Intelligence has been defined as one or more
computer programs with an ability to create work that is unforeseen
by humans. This includes AI capacity to generate unforeseen
innovations, patentable inventions, and/or infringe the rights of
other patent holders. At present, AI is an entity unrecognized by
law. The fact that AI is neither a natural nor a legal person
indicates that it cannot be considered the owner of rights or
bearer of liabilities. This in turn creates tension both in society
and legal systems because questions such as who should hold the
rights of AI or be liable for autonomous acts of AI remain
unanswered. This book dynamically argues that the AI dependent
legal person and AI-HA are necessary to address these new
challenges. The creativity and actions of AI and AI-HA would be
distinct from those performed by human beings involved in the
creation of this amalgamation, such as AI's operators or
programmers. As such, this structure would constitute an
amalgamation based on human beings and AI cooperation (AI-HA). As a
dependent legal person, AI would hold the patent rights to its own
inventions, thus ensuring favorable conditions for the incentives
of the U.S. patent system. In addition, the proposed legal
framework with the use of legislative instruments could address any
liability concerns arising from foreseen and unforeseen actions,
omissions, and AI's failure to act.
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