Final compromise language on GPAI systems and open source emerges

December 7, 2023

Euractiv reports that during the first part of the final trilogue negotiations, the co-legislators have found a provisional agreement on the rules for GPAI models that largely excludes Open Source models from the obligations:

According to a compromise document seen by Euractiv, the tiered approach was maintained with an automatic categorisation as ‘systemic’ for models that were trained with computing power above 1025 floating point operations.

A new annexe will provide criteria for the AI Office to make qualitative designation decisions ex officio or based on a qualified alert from the scientific panel. Criteria include the number of business users and the model’s parameters, and can be updated based on technological developments.

Transparency obligations will apply to all models, including reporting on energy consumption and publishing a sufficiently detailed summary of the training data “without prejudice of trade secrets”. AI-generated content will have to be immediately recognisable.

Importantly, the AI Act will not apply to free and open source models whose parameters are made publicly available, except for what concerns implementing a policy to comply with copyright law, publishing the detailed summary, obligations for systemic models, and the responsibilities along the AI value chain.

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