The document discusses some of the legal issues that may arise from emerging technologies like blockchain, artificial intelligence, and the ability to transfer human consciousness between different "bodies" or sleeves as depicted in the science fiction novel Altered Carbon. Specifically, it examines copyright implications related to the creation and transfer of cortical stacks, which store human consciousness, between different sleeves. It concludes that copyright law may need to be reexamined and redefined to address things like stack exhaustion, exceptions for essential software, authorship rules, and copyright terms in this context.
Blockchain, AI, and Altered Carbon: From the Law of the Sleeve to the Law of the Stack
1. Blockchain, AI and Altered Carbon:
from the law of the sleeve to the law of
the stack
Alexandra Giannopoulou and Joao Pedro Quintais
Blockchain and Society Policy Lab, IViR
University of Amsterdam
2. Blockchain, AI and Altered Carbon:
from the law of the sleeve to the law of
the stack
Alexandra Giannopoulou and Joao Pedro Quintais
Blockchain and Society Policy Lab, IViR
University of Amsterdam
JUST
KIDDING!
3.
4. The cortical stack
“Your body is not who you are. You
shed it like a snake sheds it skin.
We transfer the human consciousness
between bodies to live an
eternal life.”
10. Conclusions
• Stack exhaustion
• Broader exceptions for software that is stack essential
•
• Rethink copyright terms and authorship rules
Distinguishing the legal function of a stack and a sleeve.
The stack is created to facilitate interstellar travel by transferring consciousness between bodies.
The ultimate goal of the stack is to record all individual characteristics that make up a person.
The consciousness is downloaded in the cortical stack and then transmitted to a waiting body called a “sleeve”.
The creation of stack technology and the transfer of consciousness through different bodies create a largely atypical legal environment for copyright and privacy-related questions.
The software copyright holders give a license to each human to use their product in order to produce their DH stack. The terms of this license will also necessitate the storing of personal data that is everything included in the stack (thoughts, images, knowledge, personal information, etc.)
Individuals do not have control over how the storing is being done nor do they have a way to observe the code.
Stack physical ownership similar to implanted devices that are life essential.
Would violation of the terms signify the stopping of the services provided? Parallel with smart cars licenses (and updates/code maintenance)
A question could be here whether users can use provisions of article 5(1) of the software directive, determining the purpose of the software to be the recording of a person’s identity, in order to bypass restrictions and to adjust its functions towards achieving that purpose. Interoperability exception art. 6, expanded because of public interest purposes.
Syncing or needlecasting is the process of uploading the person’s consciousness saved in the cortical stack, to the cloud.
Is there a liability of the service provider for a corrupted backup? Liability on copyrighted content?
First question to ask, is the database that constitutes the DH protected by copyright? And if so, who owns the rights? Both the database as a whole but also most of the individual data included in the dB will probably fulfill the originality requirements. However, and when it comes to sui generis, who could is the rightsowner?
The rightsowner will enter into an agreement with the cloud provider to sync and execute the dl of the DH to the new body. Private copying exception and private copying levies. Backup exception in the software directive, art.5(2) as extending to this type of backing up of data + art 8 of non contractual overridability. + art 6 interoperability exception
Needlecasting not communication to the public
Will there be liability for the cloud service provider in case of corrupt syncing? Hosting provider in the sense of the ecommerce directive? Does art 14 apply on them?
Stack exhaustion to not need a new license for the copyrighted content when resleeving including the software (not updates)
Copyright term, concerning the term tied to a time-limit and the death of the author because this may lead to an almost perpetual copyright. The term could be tied to the number of times that resleeving has occurred if the person has not opted out of that function. Also, and for the cases where there are perpetual resleeving processes, there could be a scheme of copyright abandonment because the public interest in providing free access to cultural content would eventually supersede the economic and social justification of property rights.
What are the legal structures regarding the transfer of consciousness?