Hanjo Hamann’s Post

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👨🏻💻⚖️ law professor @ Berlin & EBS 🇩🇪

"Artificial Intelligence and the Law of Machine-Readability": In yesterday's issue of Jipitec, I discussed whether and how creators may be able to withhold their contents from AI companies, who might use them for training their machine-learning algorithms. 📝 European law allows creators to "expressly reserve" such uses "in an appropriate manner, such as machine-readable means in the case of content made publicly available online" (art. 4(3) CDSMD, https://lnkd.in/esDDdty3). 🤔 But what does "machine-readable" mean? My analysis concludes that some technological standards can be ruled out, while others aren't really standards. So, "whether standard-setting ultimately helps to solve, or even to tackle, the most relevant practical problems remains yet to be seen." In other words, creators have no reliable (p)recourse against AI training yet. 👩🏼⚖️ I can't wait to see what courts say. In the first German case that was discussed a lot here (Robert Kneschke v. LAION, LG Hamburg 310 O 227/23), Bigstock's reservation-of-rights was hardly machine-readable according to my analysis. But you know what they say about Courts and the High Seas... (https://lnkd.in/e8Sjv3kd) Exciting times! Thank You to all who encouraged and supported my research, including my dear colleagues (some friends) #KatharinaDeLaDurantaye, Franz Hofmann, Benjamin Raue, emre bayamlioglu, Prof. Dr. Anna K. Bernzen, Peter Mezei, #AlexanderPeukert, Jonathan Pukas, Eleonora Rosati, Alain Strowel, and Dr. Maren K. Woebbeking.

Jonathan Pukas

PhD student and research assistant @ NORDEMANN

4mo

Still great read and sharp thinking, congrats!

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