AI v. IP - Criminal Liability for Intellectual Property IP Offenses of Artificial Intelligence AI Entities

30 Pages Posted: 18 Nov 2015  

Prof. Gabriel Hallevy

Ono Academic College, Faculty of Law

Date Written: November 17, 2015

Abstract

Most legal systems protect IP rights through criminal law, amongst various legal protections. This legal situation reflects the society's wide interest in protecting IP rights. When IP rights are violated, and the violation fulfils the basic requirements of the relevant offense, the society may indict the violator, regardless the violator's identity (corporation or human). But what if the violator is an AI entity?

Most modern AI entities do have the technological capability of violating IP rights. Illegal copying of software is a common example. Could the AI entity itself be criminally liable, beyond the criminal liability of the manufacturer, end-user or owner, and beyond their civil liability? The proposed research suggests the examination of a positive answer. Using the current definitions of criminal liability, the imposition of criminal liability upon AI entities for committing IP offenses is quite feasible. The proposed research suggests feasible solutions for sentencing AI entities as well.

Keywords: intellectual property, artificial intelligence, robots

JEL Classification: K11, K14, K13

Suggested Citation

Hallevy, Prof. Gabriel, AI v. IP - Criminal Liability for Intellectual Property IP Offenses of Artificial Intelligence AI Entities (November 17, 2015). Available at SSRN: https://ssrn.com/abstract=2691923 or http://dx.doi.org/10.2139/ssrn.2691923

Prof. Gabriel Hallevy (Contact Author)

Ono Academic College, Faculty of Law ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel

HOME PAGE: http://www.ono.ac.il

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