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

European Patent Office (EPO) Reformation Project
It's a stain on the EU's reputation
Slopwatch: Google News and Other Slopfarms
Google News is rewarding sites that misuse LLMs and cheat the Web
Moral Standards From the Masters of Linux
They get hung up on minor language issue and promote this crazy theory that racism will go away if only everyone spoke a little differently (no matter where he or she came from)
 
Serial Slopper (SS) Still at It, Still Misusing Plagiarism Tools and Cheatware for Images and Text About "Linux"
All the slopfarms are a very big problem
Reddit Deletes Stuff, But Not for Being False or Misleading
Yet another one of those articles that speak of a man in his 50s as if he's terminally ill
Times of India and India.com Are Clickbait and LLM Slop
Google continues to reward bad actors
The More "Market Share" Microsoft Loses, The Higher the Shares Go
People joke about the same sort of thing in relation to IBM
To OIN, Software Patents Are Not a Problem
Had software patents ceased to exist, OIN too would cease to exist and its staff would be unemployed.
Microsoft's Bankruptcy in Russia is Only the Beginning
Due to politics it mostly makes sense that Windows is being phased out, also in part due to policy changes
Microsoft-Funded Publishers Lied to Us About Vista 10 and Now Advocate Us Owning Nothing
They want you to own nothing, but they also want you to buy a PC on which to become Microsoft's slave and they make it harder if not practically impossible to remove Windows
Articles Promoting and Celebrating Wayland Are LLM Slop
New example (100% slop)
The Register MS, Dominated by American Editors, Says UK Should be Run (Digitally) by Microsoft US
The Register MS is sponsored by American money, run by Americans, and its chief editor is a Microsofter from the US
Gemini Links 14/08/2025: Drought, Climate Experiments, and LLM Slop Considered Detrimental
Links for the day
Links 14/08/2025: Second-hand ThinkPad and Enhanced Surveillance on Chipsets from the United States
Links for the day
Links 14/08/2025: Data Brokers Hiding Opt-Out Pages From Google, "Fight Chat Control"
Links for the day
FSF Infrastructure Under Constant Attack
The disconnect (literally) has had an effect on credibility
Feels Like The Register MS is Trying to Diversify a Bit
If The Register MS goes back to being The Register US (or UK), that will be a nice improvement
Gemini Links 14/08/2025: Reading Journal and LLM Fatigue Revisited
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 13, 2025
IRC logs for Wednesday, August 13, 2025
Hopping From One Set of Buzzwords to the Next
Rotating hype and vapourware
Currys PCWorld Hates GNU/Linux Even Though It Runs the World
If more and more people choose to remove Windows, then Currys PCWorld will feel the financial impact of its dumb policies
Internet Relay Chat and Gemini Protocol Help Us Relive the Net of the Dial-Up Era
The kids were alright
The Register MS Takes More Money to Boost Slop Hype, This Time From Snyk, a Notorious FUD Source
At some stage or at some point they might even decide to stop doing so
"GPT-5" is Another Microsoft Dead Cat Trying to Bounce
The hype, the momentum (or the inertia) is wearing off
Microsoft Windows Losing Its Grip Near Turkey and Russia
The 'corridor' nations connecting Iran to Europe
Slopwatch: LinuxSecurity, Google News, and Serial Slopper (SS)
The slop, the bad, and the ugly
Links 13/08/2025: The “Incriminating Video” Scam and Corruption in South Korea
Links for the day
Gemini Links 13/08/2025: Movie Memories and Mystery Machine Bus
Links for the day
"AI" Hype or LLM Slop is Not About Efficiency, It's About Lowering Standards
It does not seem like IBM is genuinely committed to the same goals (or commitments) as the original Red Hat
Links 13/08/2025: GitHub Trouble and Openwashing by Microsoft OSI With the Typical Buzzwords
Links for the day
If Free/Libre Software is Adding Trillions in Value to the European Economy, Then the European Commission Must Crush Software Patents
Further to what we wrote yesterday
Microsoft Swallows GitHub Losses
Only Microsoft knows how much money it has already lost on GitHub
Gemini Links 13/08/2025: Climate, Coffee, and Deploying Troops in Washington DC After Pardoning 1,000+ Insurrectionists in Washington DC
Links for the day
The Register MS Lowered MS Focus This Week
We hope The Register recognises its errors and tries to make up for them
Learning Ethics From Jeffrey Epstein's Enabler/Client/Ally, Coca-Cola, and Microsoft Accenture
Whatever merits vocabulary changes initially had are being tainted or obscured by later iterations, which tell us to avoid word like "normal", which apparently offend some people (so they argue)
Personal Attacks From Rust People Serve to Confirm They Have Lost the Argument
"The discussion I find around the net so far has no technical merit and centers around ad hominem"
Physical Meters and Purely Mechanical Meters Aren't Dumb; It's Dumb to Mock or Dismiss Them as Antiquated
I've learned a lot this week, both online and over the telephone
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 12, 2025
IRC logs for Tuesday, August 12, 2025
GitHub Will End Up like XBox and Skype
It is not likely that the XBox franchise will survive the next 5 years
Stones Thrown in Glass Houses
Projecting? You bet!
As Europe Gets Increasingly Serious About Software Freedom and Digital Sovereignty It Needs to Enforce a Ban on Software Patents ASAP
many councils in Europe move to Free software and US policy/companies cannot be trusted
Windows 12 in Bahrain (Microsoft "Market Share" Down to 12%, an All-Time Low)
They really ought to get away from Windows even faster
The Web Needs 'Pest Control' When It Comes to LLM Slopfarms
The goal is to discourage more sites becoming slopfarms
Microsoft Can Now Stop Reporting the GitHub Layoffs (Even When They Happen)
GitHub's original staff will see the true cost of becoming "b0rged" - something that Microsoft earned a bad reputation for
How to Get Very Bad or Even Malicious Code Into Linux? Write it in a Language That Linus Torvalds and Most Other Linux Developers Don't Understand.
One point nobody brings up is, what if code gets committed while evading audits and scrutiny?
Links 12/08/2025: Wikipedia Fails at UK High Court, Perlmutter Still Fights to Squash the Slop Lobby
Links for the day
Gemini Links 12/08/2025: Field Recording and Digital Legacy
Links for the day
Links 12/08/2025: WinRAR Zero-Day, SonicWall Does More Harm Than Good
Links for the day
Links 12/08/2025: More Sabotage of Underwater Cable Ahead of Russian Alaska Summit
Links for the day
Richard Stallman Will Not Miss Microsoft GitHub, It Was Only Good at Harvesting a Lot of Code for Plagiarism-as-a-Service
investors are apparently willing to lose money for buzzwords
Slopfarms Slopping Away at "Linux" and Spreading Microsoft Misinformation
Slopfarms don't comprehend this as they lack actual comprehension, they're just parrots
Links 12/08/2025: Science, Hardware, and Ukraine Excluded From Negotiations About Its Future
Links for the day
GitHub the Company Has, in Effect, Just Died (Time to Look for Alternatives)
To Microsoft, what's left of GitHub after dismantling/folding it is some "training set" (people's code, without permission to "train" i.e. misuse under the guise of "GenAI" plagiarism)
Linux Foundation Says "Housekeeping", "Hung", "Normal", "Native Feature/Support" and "Girl/Girls" Are Offensive Words
Bombing people is OK, just use the right "terms"
It Looks More Like Microsoft GitHub Layoffs
GitHub is just losing loads of money
Gemini Links 12/08/2025: Meditation, OpenStreetMap, Smolweb, and More
Links for the day
Google News is Dying: Most of Its Top Stories Now Are LLM Slop With Slop Images (i.e. 100% Fake 'Content')
Google News has been drowning in this sort of stuff for quite some time
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 11, 2025
IRC logs for Monday, August 11, 2025
Our Predictions Were Right: GitHub Dying as Losses Pile Up (as a Company It Cannot Continue to Exist, It's Not 'Free Hosting')
GitHub always lost money