جستاری در برخی ابعاد حقوقی چت بات ها؛ واکاوی حقوق شخصیت، مسئولیت مدنی و مالکیت فکری (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
چت بات ها جلوه نوینی از هوش های مصنوعی هستند که امروزه برای گفت وگو و تبادل نظر با افراد در دسترس عمومی قرار گرفته اند. آن ها می توانند در تعاملی دوجانبه با کاربر به پرسش های وی پاسخ دهند و حتی پیشنهاد هایی به او ارائه کنند. این سیستم براساس قابلیت های ناشی از توسعه هوش مصنوعی پی ریزی شده و درحال پیشرفت است. در این میان، مسئله حقوقی آن است که آیا چت بات ها در قبال آنچه پاسخ می دهند، مسئولیت دارند و آیا آنچه ارائه می کنند، در مالکیت حقوقی آن هاست؟ و اساساً می توان شخصیتی برای چت بات ها در نظر گرفت؟ مقاله حاضر با روش تحلیلی توصیفی، نتیجه گیری می کند که چت بات ها ممکن است در آینده از درجه ای از شخصیت برخوردار باشند؛ اما در شرایط کنونی، آثار و محتویاتی که چت بات ها ارائه کرده اند به مالک و سازندگان نسبت داده می شود. اگرچه توسعه آن ها و تقویت جنبه استقلالی چت بات ها می تواند بسیاری از نظریات حقوقی کلاسیک را با دشواری روبه رو کند.Research on the legal aspects of chatbots; Analysis of Personality Rights, Civil responsibility, and Intellectual Property
Chatbots are a modern manifestation of artificial intelligence that are now placed for public interaction and conversation with individuals. They can engage in a two-way interaction with a user, responding to their questions and even offering suggestions. This system is based on the capabilities arising from the development of artificial intelligence and is continuously advancing. Among these, the legal issue concerns whether chatbots are responsible for what they respondand whether what they provide is their intellectual property. Essentially, can personalities be attributed to chatbots? The present article finally concludes, with the analytical-descriptive approach, that chatbots may potentially possess a degree of personality in the future, but in current circumstances, the effects and content provided by chatbots are attributed to their owners and creators. Although their development and the reinforcement of chatbots' autonomy can pose numerous challenges to classical legal theories. Keywords: Intellectual Property Law, Chatbot, ChatGPT, Autonomous System, Artificial Intelligence 1. Introduction Artificial intelligence, on the one hand, has somehow penetrated into various layers of bio-social life, and there is hardly any field that does not need to determine relations with artificial intelligence. On the other hand, the ever-increasing expansion and growth of artificial intelligence also entails the variety of its forms and effects. Every day, we see the penetration of artificial intelligence in a certain field: one day we talk about the Internet of Things, the next day the field of robotics undergoes major changes with the introduction of artificial intelligence, or in the field of medicine, artificial intelligence offers robotic surgeons. Therefore, it is necessary to get familiar with artificial intelligence and examine its role in each specific field. One of these special forms of artificial intelligence is chatbots. Today, chatbots and their various types have become a hot topic in technology circles and even a central topic of concern for users and ordinary people; In such a way that big companies in the field of technology are worried about falling behind other competitors in this field; This has caused us to see a new chatbot every day, or an updated sample of existing chatbots: From the Microsoft company, which surprised the users of the technology world by supporting and even expanding the chatbot ChatGPT, to the Google company, which was worried about falling behind the competitor, which forced it to design and release its own special chatbot. But it can be said that the most controversial and famous chatbot is ChatGPT, which produces text and audio works by talking and interacting with humans. This chatbot is considered a dialogue-oriented chatbot. The widespread use of chatbots has brought them into the interactions of normal users and has caused questions about possible risks and such issues. On the other side of the story, the knowledge of law is a field that has not been immune to the influence of artificial intelligence. This influence can be seen in different parts of this field, including drafting bills, providing legal advice, checking the chances of winning each case, helping judges to adapt the laws to the subject of the dispute, etc. But in addition to that, since the knowledge of the law is responsible for regulating the social relationships of "persons", it has the duty to discuss these emerging phenomena, determine their position, and make the result of human interaction with chatbots predictable. Therefore, first, it should be determined how the legal system looks at chatbots? Does it consider them as a person and impose the effects of personality on their relationships? Or not, it has another look at these forms of artificial intelligence. Secondly, the use of chatbots by users can involve risks, as a result of which there is a possibility of causing losses to users; Disclosure of information, moral damages caused by ethnic, racial, and gender insults, or even secondary actions caused by false information received from these chatbots and... How will these risks be compensated and how will civil liability be established? Thirdly, what happens to the works produced by these chatbots? These works may be in the form of written text, or audio or visual works. Does the intellectual property system have a place to support these works? Or even willing to support them? This article seeks to answer the aforementioned questions. In fact, firstly, the questions raised are scrutinized and analyzed; The necessity of these issues is examined; The different parts of the questions and the requirements for answering each one are explained; And finally, these questions are answered with legal analysis, and in parts of legal-economic analysis. The motivation of writing this article is actually the void of legal analysis in the field of artificial intelligence and especially chatbots and their role in social and legal relations. The emerging and newness of the issue of chatbots has caused that, despite its prevalence and extent, the doctrine and jurists to pay less attention to this issue. Scientific poverty and research results challenge the legal system in dealing with new issues. On the other hand, the lack of relevant and clear legal texts also makes the analysis difficult. The judicial procedure also, unlike facing such issues, does less to create basic rules and provide pathbreaking analyses in this field. Although the analysis presented in this article, and the motivation expressed, is based on the legal system of Iran, but the lack of establishment of a single procedure in international legal issues and other countries has also led to the legal rules presented and the solutions proposed in this article . comparative studies have an effective role in the final conclusions of each discussion of this article. 2. Methodology In terms of research method, this article is a kind of descriptive-analytical article. Since in this article, the place of artificial intelligence and chatbots in the world of law is described and explained and part of its essence is answered, this article is considered descriptive research. On the other hand, in this article, it is not enough to describe and interpret what is in the subject of chatbots, and in addition to describing the concepts around this phenomenon, it is necessary to analyze and review the issues and provide solutions in cases that face a gap in legal analysis, is also paid. On the other hand, due to the fact that many legal questions remain unanswered regarding artificial intelligence and chatbots in particular, this research is considered an applied research, which ultimately provides solutions and answers appropriate to Iran's legal system and appropriate to the ruling legal rules. Also, the dominant method in collecting information and data in this research is the library method, and by referring to the library and analyzing the content of books, domestic and foreign articles, and the opinions of judicial authorities, this article has been written. Of course, interacting with ChatGPT itself and other chatbots has also been an effective way to answer some legal ambiguities. The stated methods were appropriate to the research topic and research questions. These questions can be summarized in "What is the position of ChatGPT and the legal system's view of them", "Legal problems and challenges arising from human interaction with them (civil responsibility and intellectual property )". 3. Results and Discussion This article, which is an analysis of some legal aspects of chatbots, deals with three main axes: chatbots and personal law/chatbots and civil liability/and chatbots and intellectual property. In addition to these four axes, the natureof chatbots has also been investigated as a bridge to enter the main discussion. -The concept of chatbot: It is necessary to address this discussion in order to define the topic under study completely, clearly, and unambiguously, so that the audience knows exactly what is to be researched. Finally, a chatbot is considered a manifestation of artificial intelligence that has the ability to communicate with a human user, and ChatGPT is introduced as one of its most well-known examples. -Chatbots and personal law: Answering the question of whether the legal system, especially in Iran, can consider chatbots as having personality or not, requires addressing deeper issues in this field. But in the end, despite the movement of countries towards the acceptance of "relative personality" for autonomous artificial intelligence, chatbots having personality, even if relatively, face a negative response, especially in Iran's legal system. -Chatbots and civil liability rights: The possible damages caused by chatbots to users and, as the case may be, to other persons, forces the legal system to think about the issue of assigning responsibility, the type of assigned responsibility, and the solution for compensation. The answer to the article to these questions is the non-responsibility of the chatbot itself, and the responsibility of its supporting company regarding the assignment of responsibility, and the establishment of a graduated liability system regarding the type of responsibility and, accordingly, the method of compensation. -Chatbots and intellectual property rights: after the production and supply of written or even visual works by chatbots, the position of these works in the intellectual property system must be determined both in terms of the principle of protection or lack of it, and in terms of ownership attribution. In the field of moral rights, in order to link this category of rights with human issues, supporting the mentioned works seems to be ruled out. But in the case of material rights, this protection can be considered and the work attributed to the creator or a special protection system designed for such works. Entering these works into the public domain is also another way, which of course comes with criticism. 4. Conclusions and Future Research Chatbots are a new form of artificial intelligence that is available to the public today to talk and exchange opinions with people. The ability of chatbots to create intellectual property and violate the rights of others is one of the issues that make their legal study necessary. Considering the discussed issues, it can be concluded that the output of chatbots activity in the current situation belongs to the owner (supporting company or manufacturer/owner) who is involved in the production of the work. In terms of civil liability, it can be attributed to him, considering the benefit that the producing company gets from providing the service. However, the growing independence of these chatbots separates them from the original creators. For this reason, it becomes difficult to attribute the works and contents and subsequent responsibility to the creators/users. Therefore, the explanation of theories based on personality belonging to artificial intelligence, including chatbots or relative personality, is on the agenda of legal researchers of modern technologies. In this direction, it is suggested to analyze the legal situation according to the capabilities of chatbots. Of course, productive artificial intelligence, which chatbots are associated with to some extent, can have the highest level of personality and competence, and other intelligences are reduced to the level of tools. Legal changes following the Dabus case can depict a new future in the use of artificial intelligence and put productive intelligence in a new position. The lack of legal text in the field of artificial intelligence and especially chatbots, considering their role in economic and social interactions, makes it clear the need to approve the law and its draft in this field, which can adopt a way for the status of these technologies in the form of a single article to do. At least the most important legal issues that arise with the introduction of these artificial intelligences into social interactions, such as personal law, ownership, responsibility, and contracts, should take on a legal color according to the legal literature in this field and according to the opinions and analyses presented. create and modify as needed. On the other hand, this literature The law helps the judicial procedure in dealing with these new issues to resolve its confusion, and it can even cause the Iranian government to propose the ratification of international conventions on the subject of artificial intelligence and prepare the drafts according to the aforementioned analyzes and results. There are many gaps in the field of chatbots and legal research about them. From the research that can be done in the future in this field, we can refer to "Investigation of the impact of chatbots on procedural issues", "Criminal dimensions of chatbots", "Investigation of chatbots.
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