In a recent article I discussed possible solutions to the question of liability of algorithms for copyright infringement. The solution put forward some time ago by the European Parliament Committee on Legal Affairs is creating the status of electronic persons. This would mean that an algorithm, and not people responsible for the algorithm, would be directly liable for breaking the law.
An alternative, originally proposed in the US and subsequently analysed under Swiss, English, and German law, is use of equivalents of a Polish spółka z ograniczoną odpowiedzialnością (in the US a limited liability company and GmbH in Germany) as a legal vehicle for attributing legal personality to an algorithm. This would be a ‘memberless entity’.
Continue reading “A limited liability company as a means of attributing legal personality to algorithms?”