It seems just as much of a stretch to consider AI the same as a machine as it does to consider it having intent. But the main distinction that matters here is whether the AI (or a human in its place) could’ve reasonably predicted the results of its actions.
The problem here is that the AI company is both the truck manufacturer and UPS in this scenario, but their terms currently let the person who ordered the delivery take the liability.
I don’t know that the deployer should have full liability rather than it being split between model developer and deployer. But it seems clear that establishing a default of stronger liability on one or both at least will create significantly better incentives for safety and testing.
Nobody is saying there shouldn’t be any liability anywhere. The issue being argued is whether the liability should be strict or not, whether it should depend on some person having been at least negligent. I think that looking for the negligent human before imposing liability is good, in part because it solves exactly the conundrum you are pointing at. Is it OpenAI or OpenAI’s customer who should be held liable? A legal rule that always imposes liability on one of them seems wrong, since negligence by either could cause damage. The legal rule we have, which I think is correct, is that the one who was negligent is liable. And which one that is will depend on the specific facts that led to the harm.
It seems just as much of a stretch to consider AI the same as a machine as it does to consider it having intent. But the main distinction that matters here is whether the AI (or a human in its place) could’ve reasonably predicted the results of its actions.
The problem here is that the AI company is both the truck manufacturer and UPS in this scenario, but their terms currently let the person who ordered the delivery take the liability.
I don’t know that the deployer should have full liability rather than it being split between model developer and deployer. But it seems clear that establishing a default of stronger liability on one or both at least will create significantly better incentives for safety and testing.
Nobody is saying there shouldn’t be any liability anywhere. The issue being argued is whether the liability should be strict or not, whether it should depend on some person having been at least negligent. I think that looking for the negligent human before imposing liability is good, in part because it solves exactly the conundrum you are pointing at. Is it OpenAI or OpenAI’s customer who should be held liable? A legal rule that always imposes liability on one of them seems wrong, since negligence by either could cause damage. The legal rule we have, which I think is correct, is that the one who was negligent is liable. And which one that is will depend on the specific facts that led to the harm.