Summary of the AI Act session at EOLE 2024, part of Navigating the New EU Regulatory Landscape in Open Source.
Context. The AI Act provides exceptions for “free and open-source” AI, but the meaning of a “free and open-source AI system” remains uncertain, and recent developments leave room for interpretation.
Risk-based approach. The AI Act does not apply to AI systems released under free and open-source licences, unless they are placed on the market or put into service as high-risk systems, or fall under Article 5 (prohibited practices) or Article 50 (e.g. chatbots, deep fakes).
Exceptions for general-purpose AI (GPAI) model providers. Article 25(4) for third-party FOSS tools and components, Article 53(2), and Article 54(6). Recital 104 notes that releasing a GPAI model under a free and open-source licence does not necessarily reveal substantial information about the training data.
OSI’s Open Source AI Definition. AI models have no “source code” in the traditional sense, so OSI reinterpreted the four freedoms for AI (use, study, modify, share). The definition (Open Source AI – Open Source Initiative) is endorsed by EleutherAI, LLM360, Software Heritage, Eclipse and Mozilla, and contrasts with the Free Software Foundation’s position, a productive and ongoing debate. Restrictive licences such as Meta’s Llama (field-of-use limits) fall outside Open Source.
Public administrations. AI must serve the common good: equality and constitutional rights, transparency, and the diligence of a good administrator. Transparency alone is not enough (systems can be transparent yet remain black boxes). A “public-oriented”, controlled AI, combined with open data and open AI, is key to preserving sovereignty.
Resources
Marco Ciurcina, Free and open source exceptions in the AI Act: Free and open source exceptions in AI Act – EOLE
Laura Garbati, AI and transparency in public administrations: Artificial Intelligence & OS : AI and transparency in Public Administrations – EOLE
Carlo Piana, The Open Source AI Definition: The Open Source AI Definition – EOLE
Full EOLE 2024 synthesis: EOLE 2024 – Navigating the New EU Regulatory Landscape in Open Source – EOLE
What’s your reading of the “open source AI” debate? Share your thoughts below.