EU's Proposed AI Act May Offer Open-Source Models Exemption from Stringent Regulations

A leaked compromise proposal obtained by Reuters suggests that the European Union's groundbreaking Artificial Intelligence (AI) Act could potentially exclude open-source models from rigorous regulation.

As of Thursday morning, lawmakers and governments continued deliberations on crucial aspects of AI governance, extending discussions into a second day. The EU has been grappling with the task of finalizing rules outlined in the draft proposed by the European Commission two years ago, struggling to keep pace with the swiftly evolving AI landscape.

The leaked document, circulating among lawmakers on Thursday morning, indicates that the AI Act may not be applicable to free and open-source licenses, unless they are considered high-risk or are employed for purposes already prohibited.

The term "open-source" pertains to the free and open sharing of software code, allowing unrestricted contributions for enhancements and bug fixes. The proposed exemption echoes a move away from strict regulation for collaborative and community-driven AI development.

Microsoft-backed OpenAI, initially established as an open-source nonprofit, shifted to a capped-profit structure in 2019 under co-founder Sam Altman's leadership.

Prominent European players in the open-source AI sector, such as France's Mistral and Germany's Aleph Alpha, have previously voiced concerns about European proposals aiming to regulate AI technology. The ongoing discussions highlight the intricate balance policymakers seek between fostering innovation and addressing potential risks associated with AI advancements.