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Information Technology

Coding with AI: Navigating copyright in the era of Copilot

In the age of widespread artificial intelligence (AI) integration, over 90% of programmers now utilize AI tools such as ChatGPT, Microsoft Copilot, or Github Copilot in their software development workflows. Simultaneously, legal debates persist regarding the copyright implications related to content produced using AI, which has significant ramifications. Determining whether software elements created using AI qualify for copyright protection profoundly impacts licensing and copyright transfer, affecting IT solution providers, buyers, employees, and contractors alike.

Information Technology

Data Act – will it affect cloud contracts and service provider obligations, and if so, how?

On 11 January 2024, the Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (the so-called Data Act)[1] entered into force. Will the provisions of the Data Act affect cloud contracts and the obligations of data processing service providers, and if so, how?

Information Technology

Data Act: new obligations on data access

On 9 November, 2023, the European Parliament adopted a compromise text for the proposal for the Data Act . The new regulation is yet to be officially adopted by the Council of the European Union, but the contents of the future EU regulation are now known.

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Information Technology

Developer, do you still “create”? Copyright and the use of Copilot and other AI tools to support software development

Copyright issues related to the use of generative AI within a business have become a major concern amongst business owners. Those concerns have not gone unnoticed by some of the AI systems vendors. Recently, many of them have been promoting their AI tools by introducing mechanisms aimed at protecting users against potential IP infringements. Such tools, however, must be approached with due caution as the protection offered has its limitations and usually requires a number of additional conditions to be met.

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Information Technology

User Content Moderation under the Digital Services Act – 10 key takeaways

One of the main objectives of adoption of the EU Regulation – the Digital Services Act (DSA) was defining the rules on content moderation by digital service providers. On the one hand, the DSA defines the procedure for and consequences of moderating or not moderating content, while on the other hand it also lays down the rights of users when their content is moderated. The fulfillment of these requirements has direct implications firstly with respect to the possible civil or criminal liability of intermediary service providers for distributing others’ content of an illegal or harmful nature, and secondly with respect to administrative liability under the Digital Services Act (e. g. a financial penalty imposed by the Digital Services Coordinator under Article 52(3) of the DSA).

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Information Technology

Council of Europe Convention on Artificial Intelligence

At the beginning of February 2023, the Council of Europe Committee on Artificial Intelligence published the “zero” draft Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law. The document is dated 6 January, 2023, and is the Council of Europe’s preliminary proposal for the AI future regulatory framework.

Information Technology

Problems with conducting IT projects using the agile approach

Computer system implementation using the agile methodology was intended to remedy the problems typically experienced with projects conducted using the waterfall approach, where the time and costs of implementation are ill-judged, often making it necessary to repeatedly conclude annexes to an agreement or litigate with regard to the scope of work assigned and late delivery.

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Information Technology

ChatGPT in practice – major legal issues

In the intense debate over the growth of artificial intelligence (AI), the system most talked about recently is ChatGPT. Until recently, the technology used in ChatGPT was considered an interesting fact, while now it has suddenly and spectacularly become part of daily life – and commerce as well.

Information Technology

New technologies law – the most important legislative developments in 2023 in EU and Poland

Work is currently underway in Poland and the EU on more than fifty legislative acts that constitute the sources of new technologies law. A list of the most important of these acts is given below, divided into particular subject areas within new technologies (cybersecurity, e-privacy, e-commerce, innovation, Internet, telecommunications, intellectual property, and data management).

Information Technology

The Electronic Communications Law implementing the EECC in Poland an increasing likely prospect

On 15 November 2022, the government approved two legislative proposals; the Electronic Communications Law, to harmonize Polish law with the European Electronic Communications Code, and the secondary legislation implementing the Electronic Communications Law. The deadline for implementation of the EECC was 21 December 2020.

Information Technology

The importance of a qualified electronic signature in the context of copyright transfer in the IT industry

The conclusion of contracts using electronic signatures is a common practice in the IT industry. Parties residing in different parts of the world are able to sign an agreement in a short time. The solutions that technology offers are ecological and convenient. Nevertheless, when using the options supplied by providers of platforms for signing an electronic document, the legal requirements for conclusion of such contracts must be borne in mind.

Information Technology

A legislative proposal to amend the Copyright Law and possible change in computer program licensing rules in the Polish IT sector