Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software

Each of the current AI cases, many involving creative content, have a common thread, namely when an AI caused harm, non-AI entities may be found to be responsible. This results from the fact that existing legal solutions are suitable for resolving AI-related legal difficulties.

Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability (i.e., third-party responsibility for AI bad acts). These might include negligence per se, respondeat superior, vicarious liability, strict liability or intentional conduct. Future options include but are not limited to changing the law to make an AI a legal person (i.e., a corporation) and/or changing the law to make AI programing an ultra-hazardous activity (i.e., imposing strict liability).