AI as a Next Generation Software Developer

• Authors: GALAJDOVÁ Dominika
• Year of publication: 2019
• Type: Appeared in Conference without Proceedings
• Description: Artificial intelligence (here-after “AI”) as an emerging technology presents a plethora of challenges for the existing legal framework. Recent progress in the field of AI and software development demonstrates that AI has the ability to autonomously generate code. The source code is a fundamental element for the protection of a computer program (here-after “CP”) and as such these developments might shift the whole idea of copyright of CP. The crucial moment will be when a human will no longer be the creator of the code, so the code will not be the human developers' own creation. The source code will still be the form of expression of a computer program; however, it will not originate in the human activity but it will be made by a machine. The shift in CP development from human-generated to AI-generated may challenge copyright protection in the near future. It has been stressed that it is important to detect the link between a human author and the produced output. However, in the case that a human author of source code cannot be identified, the protection of other forms of CP, e.g. preparatory design materials (here-after “PDM”), will become important, even though current practice shows limited desire to protect these other forms (Samuelson 2016). The most problematic questions are copyright protection and allocation of authorship of CP developed by AI. However, a better understanding of the current legal framework (e.g. relation between PDM and CP) is required for the assessment of potential law amendments.