Overview, Concepts, Viewpoints to the Possibility of Legal Regulation of Artificial Intelligence Technology

Abstract

The purpose of the study is to disclose the concept of "artificial intelligence", to outline the possibilities of legal regulation of AI. The article considers the studies of various authors, among which it is necessary to name P.M. Morhat, A. Romaglio, V.L. Entin. The scientific novelty of the work lies in the fact that the category of "artificial intelligence" is considered from the position of the legislation of the Russian Federation, as well as based on the opinion of domestic and foreign scientists. As a result, based on the comparative analysis of information contained in the works of various authors, regulatory legal acts of the Russian Federation, foreign judicial practice, it is concluded that representatives of the legal and scientific communities demonstrate the lack of consensus on the question of whether the units of artificial intelligence and neural networks can be subjects of copyright. A. Ramalho is convinced that AI units cannot be subjects of copyright, which is confirmed by the analysis of the following court decisions: Decision of the Court of Appeal of the Federal Court of Australia dated 13.04.2022, Decision of Shenzhen Nanshan District People's Court dated 24 December 2019. The opposing view is reflected in the Japanese "Intellectual Property Strategy Program 2016", which uses the following argument: it seems impossible to distinguish the product of AI units from human intellectual products. It is impossible to agree with this, as the images generated by neural networks often cause the "uncanny valley" effect in people; no neural network has been able to pass the Turing test so far.