IA Act : a defeat for France

After more than a month of mystery, the version of the Artificial Intelligence Act that will be put to the vote of the Council and Parliament has finally been distributed. We present its provisions on the transparency of generative AI’s training data and the exception reserved for open source. This exception is understood in a very restrictive way by the recitals of the text and by the text itself, which will not please the French government. The AI Regulation will finally move into its voting phase: a text was distributed to member States. We publish it below. As we all know, the Spanish Council Presidency’s announcement of the agreement between the Council and Parliament at the beginning of December, with a great deal of publicity, was hasty. In reality, negotiations continued until last week. More seriously, we still don’t know whether the text can be adopted by the Council. A vote is scheduled for February 2, but many member States have warned that they will analyze it carefully, and that their support is not guaranteed. It is likely that France will not vote in favor, as the text imposes transparency obligations on training data, and the exception sought by France for open source AI seems likely to be interpreted restrictively. Transparency One of the demands of the European Parliament, and of the creative industries, was…