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22 - Sales Law and AI

from Part III - Corporate and Commercial Law

Published online by Cambridge University Press:  21 March 2024

Ernest Lim
Affiliation:
National University of Singapore
Phillip Morgan
Affiliation:
University of York
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Summary

The differences between AI software and normal software are important as these have implications for how a transaction of AI software will be treated under sales law. Next, what it means to own an AI system – whether it is a chattel, merely a software, or something more than a software – is explored. If AI is merely a software, it will be protected by copyright, but there will be problems with licensing. But if AI is encapsulated in a physical medium, the transaction may be treated as one of the sale of goods, or a sui generis position may be taken. A detailed analysis of the Court of Justice of the European Union’s decision in Computer Associates v The Software Incubator is provided. An AI transaction can be regarded as a sale of goods. Because the sale of goods regime is insufficient, a transaction regime for AI systems has to be developed, which includes ownership and fair use (assuming AI is regarded as merely a software) and the right to repair (whether AI is treated as goods or software).

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Publisher: Cambridge University Press
Print publication year: 2024

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  • Sales Law and AI
  • Edited by Ernest Lim, National University of Singapore, Phillip Morgan, University of York
  • Book: The Cambridge Handbook of Private Law and Artificial Intelligence
  • Online publication: 21 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108980197.026
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  • Sales Law and AI
  • Edited by Ernest Lim, National University of Singapore, Phillip Morgan, University of York
  • Book: The Cambridge Handbook of Private Law and Artificial Intelligence
  • Online publication: 21 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108980197.026
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Sales Law and AI
  • Edited by Ernest Lim, National University of Singapore, Phillip Morgan, University of York
  • Book: The Cambridge Handbook of Private Law and Artificial Intelligence
  • Online publication: 21 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108980197.026
Available formats
×