BalCCon2k24

Ethics Based Openwashing in the AI Licensing Domain
2024-09-20, 17:30–18:00 (Europe/Belgrade), Tesla

The persistent surge of AI models is witnessing novel ways of licensing them. This talk explains the recent proliferation of licenses that supposedly call themselves as open but levy additional behavioral restrictions for AI models, based on ethical considerations. This presentation seeks to emphasize how the proliferation of licenses with behavioral restrictions for AI models may impinge on software freedom and cause obstruction to a more distributed control over AI technologies and how openness in AI can be preserved by safeguarding software freedom.


The persistent surge of AI models is witnessing novel ways of licensing them. This phenomenon has ushered in proliferation of licenses with additional behavioural restrictions for AI models. These licensing schemes levy restrictions on the distribution and modification of the software based on “ethical” considerations while supposedly calling themselves as “open”. This talk elucidates how establishing further behavioural restrictions through licenses on AI systems creates additional challenges for the Free Software movement mainly because of the complexity of license compatibility and compliance it creates, along with the broad interpretations of ethical values across jurisdictions. This presentation seeks to emphasize how the proliferation of licenses with behavioural restrictions for AI models may impinge on software freedom and cause obstruction to a more distributed control over AI technologies. The presentation is concluded by demonstrating that openness in AI depends on safeguarding software freedom. This presentation seeks to increase awareness about this crucial issue, particularly as public funds are being allocated to AI projects that may, at times, employ restrictive licensing practices.

Niharika is a lawyer with a diverse international experience in IT laws, data protection, intellectual property, FinTech & AI, having worked in India, UK, Spain, Germany & Estonia. She has worked as a legal counsel in one of the top tier international law firms as well as a judicial & academic researcher. She has been awarded professional fellowships in the internet governance space in the Asia Pacific region. At FSFE, she manages various European Commission funded projects & legal activities.