AI May Make Mistakes But Court Finds AI Makers Are Still Responsible

By now everyone is familiar with the caveats every AI company trots out like Surgeon General’s warnings on tobacco products. AI can make mistakes, so you need to double check. Great sales pitch. Better liability protection. Some lawyers obviously dreamed that up, but it appears there’s a chance they might need to dream again. 

According to an article in Ars Technica, a German court has ruled that Google is liable for false statements in AI Overviews. Given how Google is reinventing Search and itself this might turn into a problem, and not just for Google.

I love the title of the Ars Technica article describing the case by Ashley Belanger that says simply: Nobody Needs AI To Search The Internet, Court Says in Ruling Against Google. Google recently would beg to differ. Here’s an excerpt for the Ars Technica article:

Google tried the usual arguments to shield itself from liability for false statements in AI Overviews, such as arguing that most users understand that AI outputs aren’t always accurate and must be verified.

But the court found that, unlike traditional search engines that merely present lists of links to third-party statements, Google’s tool made “independent, new, and substantive statements” based on its own misinterpretation of links on the Internet.

That’s a problem, the court said, because while publishers may have been able to sue to stop third parties from publishing defamatory statements appearing in Google search results, only Google can correct the underlying algorithm and outputs displayed in AI Overviews.

The bottom line it seems to me is if an AI Overview or other result summary hallucinates something false and perhaps defamatory, someone somewhere, meaning a human someone(s), can held responsible. 

I’m sure appeals are already being worked on for this preliminary ruling. So the story will continue to unfold.

As far as U.S. users might be concerned we’re already seeing other countries treating technology issues very differently in the European Union and elsewhere than on our own shores. Things are very different here in the land where bribery no longer masquerades as politics. Nevertheless, it’s a pretty strong statement that bears some attention regardless of where you live and where you search the Internet from.

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