Open source community letter to the rapporteurs

April 14, 2023

Open Future, Creative Commons, Wikimedia, Open Forum Europe, Eleuther AI, HuggingFace, GitHub and LAION send a letter to the European Parliament’s AI Act rapporteurs asking for clarification that the open source exception currently under discussion applies to GPAI systems unless they are used commercially or in high-risk contexts:

As currently drafted, open source AI systems would be exempt unless they fall into one of the following categories: (1) all commercially deployed open source AI systems; (2) all open source AI systems placed into service that are high-risk, banned, or have transparency obligations under Title IV; and (3) all open source general purpose AI systems. While much of this scope is well-reasoned and reflects the risk-based framework upon which the AI Act was introduced, the final clause (3), “This exemption should not apply to fundamental general purpose Al models as described in Art 28b” should be struck.

[…] Risks associated with general purpose AI warrant careful regulatory scrutiny. The open source exemption was previously appropriately scoped to enable this scrutiny, with all commercially deployed and high risk systems facing relevant requirements, while enabling non-commercial development. Open source research, development, and deployment builds capacity for regulatory scrutiny—independent of the companies building and deploying these systems—and supports AI innovation in line with European values.

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