L’intelligence artificielle, une chose nouvelle ?

When a software is conceived to achieve a result that is known in advance, legal title to its source code is its legal keystone. Artificial intelligence allows to achieve a result without having to foresee it. This allows an « intelligent » thing inter alia to treat relevant data that cannot be know...

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Bibliographic Details
Main Author: Ropenga, Philippe
Format: Article
Language:French
Published: 2022
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8679515
Source:RIDROM: Revista Internacional de Derecho Romano, ISSN 1989-1970, Nº. 29, 2022, pags. 158-335
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Summary: When a software is conceived to achieve a result that is known in advance, legal title to its source code is its legal keystone. Artificial intelligence allows to achieve a result without having to foresee it. This allows an « intelligent » thing inter alia to treat relevant data that cannot be known in advance. This evolution from determinist software to "intelligent" software heavily nuances the importance of source code. Determining what has been done by the contractor who has made someone else’s thing "intelligent" requires to focus on possession through animus and corpus then to distinguish appropriation by big data.