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

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
Omarchy is Already Dying
Same as the life cycle of slopfarms
 
Links 20/08/2026: Facebook "Ran Ads for an App That Promised to Nudify Female Politicians" and Facebook Faces "Social [Control] Media Addiction Trial"
Links for the day
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day