Legal Responsibility of Artificial Intelligence?
Journal
International Scientific Multidisciplinary Conference AI-SMART 2025: Conference Proceedings
ISSN
3104-3518
Date Issued
2025-12-11
Author(s)
Rashkovska, Veronika
DOI
https://doi.org/10.31410/AI.SMART.2025.303
Abstract
Artificial intelligence, in the way it has entered the social life of people,
is starting to create legal situations that are not yet legally resolved. There is no
doubt that the development of artificial intelligence, even the one that is visible
to the ordinary user, has led to it being able to make “autonomous decisions” for
many of the activities it undertakes. This is not pre-programmed, but is part of
independent decision-making and “feeling” based on “experience”. The law, and
thus society, has as its ultimate goal the sanctioning of socially harmful activities.
Therefore, we rightly impose the thesis that it is necessary to sanction the “behavior”
of artificial intelligence. Formally and legally, sanctions can be imposed only if
they are previously provided for in legal or by-laws for milder sanctions. The very
fact that artificial intelligence is not represented as a separate identity in any legal
act, and cannot be fully integrated into the two existing ones (legal and natural
persons) imposes the thesis, but also the need for it to be legally regulated. Many
people, as well as businesses, base their decisions on predictions or advice provided
by artificial intelligence. Many of these are paid services, i.e. services based on
artificial intelligence platforms that are charged. This leads to the legal and logical
conclusion that a formal legal relationship has been established between the user
and the artificial intelligence platform, from which rights and obligations arise.
In this paper, we will delve into the details of the End User License agreement of
several of the better-known and most widely used artificial intelligence platforms
to discover whether there are hidden provisions in that agreement that “exempt”
artificial intelligence from liability, to what extent, and we will provide guidance
on how all of this could change in the direction of protecting the interests of individuals.
Artificial intelligence will certainly not disappear from our lives. It is not
here temporarily, It can progress with its presence, but not retreat. It is a similar
process of industrialization, electrification, and the like that history knows in its
infancy, and we as the next generations experience it as normality. The same fate
will follow artificial intelligence. We will witness its birth, future generations will
experience it as everyday life and necessity. Although it may be a weak method,
for now the law is the only one that can fight for some kind of control over it, not
to control it in its development, but for the sake of protecting the interests of the
individual who must not be left alone.
is starting to create legal situations that are not yet legally resolved. There is no
doubt that the development of artificial intelligence, even the one that is visible
to the ordinary user, has led to it being able to make “autonomous decisions” for
many of the activities it undertakes. This is not pre-programmed, but is part of
independent decision-making and “feeling” based on “experience”. The law, and
thus society, has as its ultimate goal the sanctioning of socially harmful activities.
Therefore, we rightly impose the thesis that it is necessary to sanction the “behavior”
of artificial intelligence. Formally and legally, sanctions can be imposed only if
they are previously provided for in legal or by-laws for milder sanctions. The very
fact that artificial intelligence is not represented as a separate identity in any legal
act, and cannot be fully integrated into the two existing ones (legal and natural
persons) imposes the thesis, but also the need for it to be legally regulated. Many
people, as well as businesses, base their decisions on predictions or advice provided
by artificial intelligence. Many of these are paid services, i.e. services based on
artificial intelligence platforms that are charged. This leads to the legal and logical
conclusion that a formal legal relationship has been established between the user
and the artificial intelligence platform, from which rights and obligations arise.
In this paper, we will delve into the details of the End User License agreement of
several of the better-known and most widely used artificial intelligence platforms
to discover whether there are hidden provisions in that agreement that “exempt”
artificial intelligence from liability, to what extent, and we will provide guidance
on how all of this could change in the direction of protecting the interests of individuals.
Artificial intelligence will certainly not disappear from our lives. It is not
here temporarily, It can progress with its presence, but not retreat. It is a similar
process of industrialization, electrification, and the like that history knows in its
infancy, and we as the next generations experience it as normality. The same fate
will follow artificial intelligence. We will witness its birth, future generations will
experience it as everyday life and necessity. Although it may be a weak method,
for now the law is the only one that can fight for some kind of control over it, not
to control it in its development, but for the sake of protecting the interests of the
individual who must not be left alone.
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