Bonum Certa Men Certa

Misuse of Buzzwords Like Artificial Intelligence and Internet of Things to Dodge Liability

Hey Hi
Artificial Intelligence (Hey Hi) isn't a valid excuse



Summary: Terms like "Artificial Intelligence" have long been used and misused to justify wrong "moderation" and various accidents (such as 'driverless' [sic] cars), but we can help European officials see through the façade and hold reckless companies accountable, in spite of all these disingenuous 'legal hacks' with loopholes they exploit/create (through lobbying)

The EU is conducting a survey about some buzzwords, hype waves, and other nonsense. But eventually it is about liability, it is about who to hold accountable. Today, rather than present the survey, we'll focus on some background information.



The directive and supplementary information use terms such as "Artificial Intelligence" and "Internet of Things", so you know it's not about substance but nebulous concepts. From the main page: "REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE Report on the safety and liability implications of Artificial Intelligence, the Internet of Things and robotics..."

Well, robotics is a real thing, machine learning methods are a real thing (statistics for the most part, albeit formalised within frameworks or sets of methodologies), but "Hey Hi" (AI) and the rest of it suggests we're dealing here not with technical people but politicians infatuated/brainwashed by marketing people and corporate lobbyists.

This other page says: "COMMISSION STAFF WORKING DOCUMENT Evaluation of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products Accompanying the document Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the Application of the Council Directive on the approximation of the laws, regulations, and administrative provisions of the Member States concerning liability for defective products (85/374/EEC)..."

This is about Directive 85/374/EEC, whose page says: "In 2020, the Commission published a report on the broader implications for, potential gaps in and orientations for, the liability and safety frameworks for artificial intelligence, the Internet of Things and robotics..."

Of interest:



At this point in time, an associate has noted, "the goal would be to increase general awareness so that informed decisions can be made [...] rather than a call to action at this time it needs to be an awareness [campaign to] bring attention to four links just posted above. In the fourth link it is only part 3 which is relevant. [...] with the proper background knowledge it is an opportunity to nudge things the right direction, perhaps."

“So we are left today with 100s of millions if idiot companies with their idiot bosses and frazzled employees sending attachments and having multiple, conflicting versions of the same document, and having lost messages (via Microsoft Exchange) to add on top of the normal stress.”
      --Techrights Associate
Putting aside buzzwords from EU officials, as the associate has worded it, "the questions in the survey are an attempt at addressing the problems even if they don't know much about the software design underneath. One aspect which can be worthy of copious amounts of text would be the question of how much software is actually fit for purpose and what the protections people should have if they use it as advertised. Microsoft can't have it both ways. They can't both blame the victim at the same time as they are telling the victim that the software should be used in the way they are blaming the victim for using it in."

"For example, they design interfaces to be clicked on and obfuscate a lot of important information, including metadata, while embedding scripts and such, advertising it all as desirable features. Yet when those features are (mis)used the user is blamed instead of the the vendor. Same for attachments. Furthermore the reason e-mail is used as a surrogate for file sharing is that Microsoft killed off Novell NetWare without either replacing the functionality or allowing the market to fill the vacuum. So we are left today with 100s of millions if idiot companies with their idiot bosses and frazzled employees sending attachments and having multiple, conflicting versions of the same document, and having lost messages (via Microsoft Exchange) to add on top of the normal stress."

We shall follow up at a later time/date with suggestions of feedback for the EU. The above background can (or could) help prepare for a potent response, which we'll do separately now that it's over.

This debate as a whole concerns strict liability and with the consultation out of the way we have some critical words.

"Current regulations regarding product liability seem to focus around goods sold and explicitly exclude services," our associate notes. "An increasing amount of software is tied or run on remote servers, putting them into a hybrid category. As these lean towards becoming services (e.g. Microsoft Office) how much of that is being done as a dodge from product liability regulations? Software is covered, technically, but ignored so far. Products, thus software, are covered in particularly when they are used as advertised. Therefore when Microsoft victims use Microsoft products as advertised and still get harmed, Microsoft is technically liable, even if the laws have not yet been enforced that way." [1, 2]

"Council Directive 85/374/EEC of 25 July 1985, article 6.1 could be revisited in the context of proprietary software:"

Article 6

1. A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account, including:

(a) the presentation of the product; (b) the use to which it could reasonably be expected that the product would be put; (c) the time when the product was put into circulation.



To conclude: "Microsoft should not be allowed to abuse Art. 7b to try to dodge; any holes that exist are there are the time of publication, public or not."

We'll probably say a lot more later today, possibly in a video.

Recent Techrights' Posts

Slopwatch: LinuxSecurity, UbuntuPIT, and Google News
We've also just noticed more slop from UbuntuPIT
Microsoft Windows is No Longer an Operating System, It's Surveillance Project
Why is this even legal to preload on PCs outside the US?
Qualcomm Arduino Takes Aim at Raspberry Pi
Qualcomm is a Microsoft partner
 
Upgraded R.R.R.R.R.R. Today
The Web of 2025 is full of garbage, not limited to slopfarms
Freedom From Proprietary Prisons
Forking always an option
IBM's Watson Died in 1956, Now Watson Dies Again
IBM is becoming just a reseller of GAFAM and other stuff
Microsoft Says That Constant Mass Layoffs Are Success, the Media Isn't Buying This Microsoft Narrative Anymore
If people in the media feel an obligation to repeat whatever lies Microsoft tells, what point will there be to the media?
Links 08/10/2025: "Mali Puts Free Speech on Trial" And Apple Enforces Dictatorship
Links for the day
Links 08/10/2025: ‘Death to Spotify’ and Law to Ban Loud Commercials on Streaming (Dis)Services
Links for the day
Links 08/10/2025: Real Innovation and Nina.chat is Dead
Links for the day
Links 08/10/2025: Y2K38 Bug is a Vulnerability, Chat Control in Europe a Threat
Links for the day
How and Why Once-Legitimate Sites Turn Into Slopfarms
Many sites will go offline and many social control networks will shut down once they realise or even openly admit they spend money and time gardening a bunch of bots and slop
UbuntuPIT Became a Slopfarm and Gnoppix Tarnishes Its Own Brand With Slop
It fits all the characteristics of mildly-edited (if at all) slop
Slopwatch: Linux Journal and Other Slopfarms
GAFAM needs to go the way of the dodo
Gemini Links 08/10/2025: "Seek Seek Revolution" and Gradient Backgrounds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 07, 2025
IRC logs for Tuesday, October 07, 2025
Stagnation of the Economy and What Free Software Can (or Could) Do For It
If your economic model is based on a pyramid of lies, it won't last very long
Social Control Media is Sinking
it would rightly seem like the era of centralised "social" sites (they're not social, they're about controlling the users) is ending, not overnight but gradually
Participation in Cancel Culture Detrimental to One's Career
A cautionary tale
Passion Wins
we've increased the number of birds we feed to 100+
How Solderpunk and Sean Conner Started Gemini Protocol (and, Collectively, Geminispace) Back in 2019
Based on the "official" history
Arduino is Now a Patent Bully (Qualcomm)
Qualcomm has just bought Arduino
Many Years of Microsoft Cancellations and Faked (Acquired) Revenue "Growth"
XBox is basically the "next Skype"
The Comment TheLayoff.com Has Just Censored for Criticising a Ridiculous Puff Piece of IBM Management
If comments get censored for their "style" rather than their substance, then society will be worse off
The Power of Writing Down Facts
The more we write and publish, the more people will know what happened
Microsoft's Non-Denying Denial About XBox's Death is Already Being Shattered to Pieces
Like Microsoft's 'open' 'hey hi', heralding meaningless non-committing agreements with AMD is little more than vapourware
Slopwatch: UbuntuPIT Joins the Slopfarms Club
Slopfarms gonna slop
Links 07/10/2025: Privacy at Risk, GAFAM Remains Off the Hook
Links for the day
Gemini Links 07/10/2025: Modern Retro Console Idea and Batch vs Bash
Links for the day
Links 07/10/2025: International Criminal Court (ICC) Convicts Ali Kushayb; Moroccan Imprisoned for 'Offensive' Shirt
Links for the day
Links 07/10/2025: EU' Chat Control is Back, US Cracks Down on Democracy
Links for the day
Techrights Pursues Justice and Truth Because, Without Those, Society Descends Into Chaos
most people reject dogma and pseudoscience
Upcoming Talks by Richard Stallman in Helsinki, Göteborg, and Rome
Join with him and share the software
Something Bad is Happening in the Open Source Initiative (OSI)
The latest OSI blog post is from a Microsoft operative and a few weeks ago the Executive Director left
TLS 1.3 Dominates Geminispace (99% of Known Capsules)
it's nowadays safe to assume almost every capsule can handle TLS 1.3
Why soylentnews.org Has Been Having Technical Difficulties Lately
The network has been going up and down quite a lot this past week
A Statement Against Violence
The facts are on our side
They've Run Out of Things to Rebrand or Label as "AI"
The next few years will be interesting because if Microsoft lays off tens of thousands of workers each year, there won't be much left except mountains of debt and dying brands
The Register MS is Still Being Paid to Participate in the "AI" Ponzi Scheme Which Will Crash the Economy
The Register MS is hoping to get lucky by tricking people into a scam
Richard Stallman Confirms His Talk in Göteborg This Coming Friday
"The hosts say that the list will not be given to the state"
Most of the "Linux" Results This Morning in Google News Are LLM Slop From the Same Slopfarm, Plagiarising Phoronix
The main question is, does Google even care at this point?
Gemini Links 07/10/2025: Civil War and "Goodbye Web"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 06, 2025
IRC logs for Monday, October 06, 2025
Evidence Contradicting Microsoft's Non-Denying Denials and Expectation of Many Layoffs Soon
"Microsoft has had this constant drip of layoffs for months."
The "AI Revolution" is Going Very Well, Right?
money that does not exist and alleged potential that is pure fiction
Links 06/10/2025: Scam Altman Himself Admits He Runs a Scam Based on a Bubble, US Administration Adopts “War From Within” Narrative to Crush Opposition/Dissent
Links for the day
Slopwatch: Fake Ubuntu 'Articles' and Google News Helps People Who Plagiarise Phoronix Using LLMs
Michael Larabel can't possibly be happy about that
6,000 Pages/Articles a Year
Today in one month from now the site turns 19
When Things Become So Ubiquitous That They're Almost Nameless
The notion or the concept of software freedom isn't tied to any particular brand or project, so it should still resonate
At Least 3 Richard Stallman Talks in Europe Confirmed So Far, Next Week in Rome There's Another
Dr. Stallman has not announced this yet
IDG Seems to Have Abandoned Sandra Henry Stocker's UNIX/Linux Column
Unless we hear otherwise or see some update/s, this may mark another death blow from IDG
Gemini Links 06/10/2025: Winter Nights and "Virtue Signaling"
Links for the day
Links 06/10/2025: Scientific Awards and Typhoon Matmo
Links for the day
IP Kat Gone Bonkers, Pushing Slop in Patents (Likely Illegal, With Severe Consequences)
AstraZenecaKat: "Last time, this Kat covered some practical steps on how to ensure client confidentiality when using AI tools (IPKat)."
Links 06/10/2025: Grokipedia as Malicious Slop, US 'Martial Law' a "New Normal"
Links for the day
Fake Economics and Clown Computing Circuses
who's gonna pay for these scams?
Nobel Prize in Economics Does Not Exist, It's Propaganda From Sveriges Riksbank
"It is that time of the year when it is important to remind people that there are no Nobel Prizes for professional wrestling, astrology, or economics"
Rust is Eating Linux
That's a recipe for problems
Cindy Cohn (Executive Director of EFF) is a Millionaire, Earned Almost $30,000 Per Month Before Departing While the EFF Lost Money
EFF is "Big Business"
Non-Denying Denial From Microsoft (Again) Regarding the End of XBox Consoles
It's kind of hilarious that even the site chosen by Microsoft to relay its BS, based on past loyalty, isn't quite buying it
Bringing Back Lost Articles From the 1990s: Microsoft Products Leave Door Open to NSA
Nothing has changed since then
When the Slop Bubble Pops People Will Say Richard Stallman Was Right (Again)
What was once known as Computer Science turned into "IT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 05, 2025
IRC logs for Sunday, October 05, 2025
Links 06/10/2025: Science, Hardware, and Andrej Babis Making a Comeback
Links for the day