ALEPH ALPHA: POSITION PAPER TABLE FOR ART. 28 – 28B EU ACT 2023


 AI-Act         Text proposed by   Text adopted by the European                   Modifications suggested by                       Why?
 Article        the EU             Parliament (EP)                                Aleph Alpha (in red)
                Commission         on 14 June 2023
                on 21 April 2021   (P9_TA(2023)0236)
                (2021/0106         Info: new text by EP is in bold and italic
                (COD)
                                                                                                                                   case, there is a need to train the foundation
                                                                                                                                   model with all possible biases.
                                                                                                                                   There is a risk of a considerable
                                                                                                                                   infringement of rights if the provider of the
                                                                                                                                   foundation model has to predefine "flying
                                                                                                                                   blind" and without knowledge of the use
                                                                                                                                   case, which contents may and may not
                                                                                                                                   occur.
                                                                                                                                   The output is not controlled by the
                                                                                                                                   foundation model provider, but by the
                                                                                                                                   downstream provider, that further
                                                                                                                                   manipulates the system, trains with its own
                                                                                                                                   data and is the only person within the value
                                                                                                                                   chain that can ensure the exact usage
                                                                                                                                   determination of the system, that the legal
                                                                                                                                   situation needs to be measured by.

                                   c) without prejudice to Union or               c) without prejudice to Union or
                                   national or Union legislation on               national or Union legislation on
                                                                                                                                   Modifications necessary:
                                   copyright, document and make                   copyright, design and implement an
                                                                                                                                   IP issues are already conclusively
                                   publicly available a sufficiently              adequate management of copyright
                                                                                                                                   regulated in Art. 3 and 4 Digital Single
                                   detailed summary of the use of                 law aspects in relation to text and
                                                                                                                                   Market Directive (EU) 2019/790 and
                                   training data protected under                  data mining of training data, in
                                                                                                                                   national transposing legislation. This
                                   copyright law.                                 particular with respect to Art. 3 and
                                                                                                                                   amendment underlines the coherence with
                                                                                  4 of Directive (EU) 2019/790
                                                                                                                                   existing intellectual property law.
                                                                                  document and make publicly
                                                                                  available a sufficiently detailed
                                                                                  summary of the use of training data
                                                                                  protected under copyright law.




Page 17 of 17                                     File: Aleph-Alpha_Position-Paper-Table_AI-Act-Art-28-28b / Aleph Alpha Legal legal@aleph-alpha.com / 16 Aug 2023