Péter Somkutas – Ákos Kőhidi: Copyright and Liability Issues Concerning Self-Driving Cars

Péter Somkutas and Ákos Kőhidi have written their study to cover that gap and to encourage scholarly discourse about the subject. The text deals with the copyright and liability issues raised by self-driving or, to put it more precisely, software-controlled vehicles. It discusses, among other things, the categorization of such cars and the relevance of copyright law during the creation of this technology. It also provides a clearer picture of the current situation regarding the rights held to sensors and other patents as well as today’s problems in using artificial intelligence.

With Péter Somkutas’s knowledge as lawyer and software designer mathematician, the authors provide new information on the current state of developments in addition to the legal argumentation. ‘As a cradle for artificial intelligence, self-driving software must be endowed with the ability of recognition and decision-making’, they write; as a result, copyright protection applies primarily to the data in the software, all versions of which can be seen essentially as a derivative work. The authors therefore believe that, besides complex information technology innovation, surmounting a series of legal obstacles will also be required before self-driving cars can be placed in circulation.

Finally, the essay touches upon liability for errors in the software and outlines the possible mechanism for bringing lawsuits if copyrights are breached. With the former, the civil law liability of the car manufacturer is especially important, and becomes relevant in the event of errors in the software and accidents.

The main objective of the text is therefore to encourage consultation and dialogue between the law and the other branches of science, but it also offers some answers, without attempting completeness, that may help eliminate the gaps in the law applicable to these new technologies.