71 Union of Turkish Bar Associations Review 2023 Erdem DOĞAN more complex system compared to known machines or computers, has human-like features and cannot be set to an upper limit for its progress potential, as a subject of property law, is incompatible with the modern understanding of science. Finally, it is the aim of ensuring that humanity benefits from the qualities and achievements specific to these systems at the highest level by giving them a legal status rather than ignoring artificial intelligence-based assets.72 Since smart software and artificial intelligence technologies are systems that are dispersed and distribute liability to different areas, it seems very difficult to determine who gave commands or training to the software and algorithms that constitute the unlawful act. In addition, determining whether there is an error in the production, design or use of artificial intelligence-based systems requires a complex process. This situation causes a legal uncertainty to arise in terms of directing responsibility and accountability.73 Because, if artificial intelligence causes harm, the injured person faces the stages of choosing and making decisions among many factors such as the producer, employer, algorithm or software responsible, user or the artificial intelligence itself. Moreover, the complexity of the interaction between humans and artificial intelligence and multiple and distributed liability situations based on multiple actions of both elements may eliminate the possibility of compensation for damage. Furthermore, it will be impossible to determine legal liability in the event of damage occurring due to the actions and behaviours of artificial intelligence that cannot be attributed to elements such as the producer, user, algorithm or software responsible.74 In this context, giving personality 72 Solum, p. 1252; Teubner, p. 6; Zimmerman, p. 21; Bacaksız/Sümer, p. 145 – 146. 73 Pagallo, Legal Personhood, p. 6; Bayamlıoğlu, p. 136. For example, artificial intelligence, which is a conscious machine that hears that its user needs to access a document from the digital environment, decides to acquire the document under the influence of the social environment and give it to the user as a birthday gift. Acting within the framework of this decision, artificial intelligence also performs various prohibited actions in the digital environment in order to access the document without paying a fee, obtains the document and gifts it to the user. In such a scenario, it is very difficult to hold the user, designer or manufacturer responsible. Because in the mentioned incident, artificial intelligence with advanced autonomy is equal to humans in terms of being held responsible for illegal actions. Calverley, p. 533. 74 Pagallo, Legal Personhood, p. 6; Ersoy, p. 78.
RkJQdWJsaXNoZXIy MTQ3OTE1