﻿WEBVTT

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So we also worked on this exemption back in the days.

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It's comparable with our work on the cyber resilience act

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and the product liability directives.

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So that we wanted to protect individual developers.

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We wanted to protect their communities,

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projects to not fall under regulations

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if they release something under a free software license.

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Before we start of the podcast,

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we would like to say thank you to all of you

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who support the FSFE's work of money.

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Working for software freedom

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and producing podcasts cost money.

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Please consider supporting us with our donation

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Okay. So let's get started. Yes. Yes. Hello.

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And welcome to the software freedom podcast.

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The podcast is presented to you by the Free Software Foundation

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Europe. We are a charity that empowers users to take control

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of technology. I'm Bonnie Mehring.

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And I'm here with my colleague Alex. Hi, Alex.

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Thank you so much for being here. Yeah, thanks for having me.

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I'm happy to be again in the podcast episode talking with you

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about policy topics of the European Union.

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And today we will talk about the AI act and latest developments here.

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So Alex, we are nearly there in the summer pass.

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But this year it does not really look like a good start

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for the European Parliament or at least at a relaxing start.

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Can you tell us what's happened in the last weeks?

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Yeah, absolutely. And so a few years ago,

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we debated around the regulation of AI and the result was the famous AI act.

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And in August, the first regulations of the AI act will enter into force.

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And followed by other regulations going to be implemented by summer

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2026. So we are now basically in the moment where the first

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regulations of the AI act enter into force and companies have to

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fulfill the obligations from the AI act. But companies are now

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attacking the AI act and they go with a so-called stop the clock

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attempt. So they want that the AI act is going to be

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paused at least for the next two years so that they can implement

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the rules of the AI act. This actually basically,

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yeah, one could say an attack on the whole AI act.

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So they said, want to have this stopped, which would mean

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all the regulations and rules the decision-makers came up with just

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recently would not enter into force.

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Nothing would happen. AI would remain unregulated

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for the next years. And that's something, yeah, which

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has huge effects in particular on consumers in the opinion, but also

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worldwide. Since I think the rules that became up with

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in the AI act have a reason, right? So since we want to regulate AI and

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we see actual debates what AI is doing and how it could harm.

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And thus we need this regulation. And that's why we need to talk about this

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attempt. Why it's there, what it would mean and also how civil

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society reacted on this since this attempt by the companies

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was not a standalone activity, but civil society actors also reacted on this

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yesterday and countering this and asking the commission

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to stand and keep the position to let the AI act enter into force.

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So a lot is happening. I think we will walk through this step by step, right?

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Yeah, that's a good idea. I think so as well.

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Because I was like, oh my god, there's a lot of time

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passing by. And I mean, there are only a few days left until August. So

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and until the AI act starts. So but let's start with the beginning.

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Can you vary briefly outline what the scope of the AI act is? I know it's a

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document with over 100 pages, but is there a way to break this down for

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me and our listeners? Yeah, absolutely. I mean, the European Union

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were discussing AI already a few years ago. So I think now it's

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even seven or eight years ago when the parliament even created an

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own committee where they discussed AI, the commission were running tons of

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consultations and so on and so forth. And then they started to work on the law,

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drafting this law. And during that time when the law was

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discussed then in the institutions, even after the commission proposal,

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all of these famous LLM's popped up, right? So and thus they also want to

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regulate this. And in the nutshell, the European Union came up with a

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regulation for high risk AI, but also they regulated so-called

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general purpose AI. And the rules on these general purpose AI,

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they are going to be entered into force in August. So this is what we are

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facing now. And on the high risk AI, this is going to enter into force

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next year, 2026. Wait, wait, wait, wait, wait, wait, before we dive into this, before we dive into this,

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what is general purpose of AI and what is high risk AI? Yeah, a general purpose.

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Yeah, a general purpose AI is basically what we

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is something like chat GPT or these large language models, right? Hacking phase or

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all of these. This is general purpose AI, but also this general purpose AI, but also

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other AI that reaches certain thresholds. So to say when it's

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interfering with fundamental rights, for example, or if it's going

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beyond asking questions, get the answer and can

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live is it? Yeah, but if this AI takes decisions, for example, right? So

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and which could lead to serious harms. So then it's called a high risk AI.

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And then there are more obligations on how you need to handle this. So there are

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transparency rules and there are like which kind of data could be used in

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which way do you need to inform consumers about it? And all of these kind of

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like regulations are there. And in particular, how data could be used in

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which way? This is what people discuss. There's also currently a debate

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ongoing about copyright in this regard, right? And one could say it's not a

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completely regulated AI. There are also ongoing other discussions. There is

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the so-called omnibus package so proposed by the Commission to

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simplify rules for companies in general. Also AI plays a role here.

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We have a copyright debate in the European Parliament on AI. There was also the

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AI Liability Act, which was withdrawn. So there is a lot of other AI

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discussions ongoing and companies now fear that they have unclear rules to

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follow and that they what they set up today is going to be

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reformed in a few months or in a very short time. And so that's why they

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for administrative burdens and for like over regulation they want to

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pause this. So and also the RQ that this is your losing jobs blah blah blah

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that's clear. They are losing money. But also the RQ is digital

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sovereignty. Since they say look it's the European market which is regulated

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while other markets are not regulated in particular at the US market.

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And that's why we are losing crowned and by thus we are losing digital

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sovereignty. So that's part of their argumentation. And that's how they look

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on those regulations on high risk and the general purpose of AI.

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But most of the lobby attempts are like pretty short term oriented on this

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general purpose AI. So basically what we know as

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chat GPT and we'd like that. So this is basically what we are talking about now.

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My last question in the regard to AI act is

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I research how free software is standing in it. And I find out

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the regulation does not apply to AI systems released under free and open-source licenses.

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Unless they are placed on the market or put into service as high-risk AI systems

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or as an AI system that falls under some of special articles. Anything you want to amend

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here or to add. Yeah so and that's the interesting part now. So we also worked on this

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exemption back in the days. It's comparable with our work on the cyber resilience act and the

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product liability directives. So that we wanted to protect individual developers. We wanted to

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protect their communities projects to not fall under regulations if they release something under

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free software license. And this is for example used by Big Tech. And then you as a small project

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have to take the applications and not Big Tech. This is a short break for our own cause.

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Thank you for listening to the software freedom podcast. Working for software freedom and

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producing podcasts costs money. Please consider supporting us with a donation

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under fsfe.org/donate and then the show notes.

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And this is for example used by Big Tech. And then you as a small project have to take the

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applications and not Big Tech. That's the status and around this group which I just said that they

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send the letter to the European Commission to pause the AI act to stop the clock. So they want

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to postpone all of this as said at least for two years. But it's also interesting how they

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argue. So again, so it's on a loose innovation power that they will do with jobs and so on and

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so forth. And it's also interesting if you look at the investments that have been already put into

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AI in the last years. So to say there is a lot of money in this game. And we also learned that

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first day eye companies struggle a lot to make profit out of this. So and this means whatever comes

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up that will cost them might and in this duration that we see AI companies struggling or even

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just burning money and go bankrupt. And so thus they start to lobby. So and they do not

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have to be regulated. And since this is what they fear is costing a lot of money. And but that's

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they fear their profits. So in this way then those jobs and so on and so forth. But also they

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argue and they use the word digital sovereignty here. So and this is interesting since we for

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example say digital sovereignty means for us also that yeah you need to look at your core

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infrastructure. This is free software of core infrastructure. Also we have this public money

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public code campaign where we ask that publicly financed software should be made available under

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free software license. So with this I do believe this is something which is really digital

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sovereignty right. So as you said you want to have control over your technology. But what they are

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doing is not having control over technology. But rather coming up with unregulated AI. And this

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is what they are asking for and claiming this to be digital sovereignty. And that's an interesting

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move how they try to frame this word now in a way that is completely misleading and also has

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nothing to do with digital sovereignty. So what is an unregulated AI coming from the European

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Union. So how does this contribute to digital sovereignty. So and here we can see that they

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yeah really using like every every bullet they have in order to to make their point. And also

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it looks a bit like that they are a bit desperate. So to say it's also lacking arguments. So

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the only argument they come up with is we will lose jobs. And I do believe if you look at these

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companies they always say we are over regulated right and we want to have less regulation. But this

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also means no protection for consumers. And here we need to say that we came up to say I act not

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in the first place right not to regulate a market so to say but in the first place to protect

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consumers. And I do believe it's a valid point when we talk about this AI and when we also when

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we see what AI is capable to do to protect consumers to inform consumers right. I find this very

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fascinating because okay I have two questions that came to my mind during this conversation now.

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I will ask the first one first and then I will also ask the second one okay. So the first one

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I find it's very fascinating this kind of argumentation especially those the argument of digital

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sovereignty as I keep on hearing this more often and often no matter where I go like to different

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conferences at different technological festivals. This is an argument that I hear a lot from

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more of the right being spectrum of politics to be honest. And I find this very interesting

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to see how they are how they argumentate that regulation is actually harming innovation.

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And yeah I'm very interested in this conversation there and I very interested to see how this

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will play out in a more political sphere as well. Any takes on that? Yeah I mean when also

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laugh on the line back in the days introduce this term digital sovereignty I already feel that

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this will be a huge fight around the term. So since nobody really knew or defined what it means

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what is digital sovereignty right. So and what was happening is that most of the time topics were

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discussed under this frame it was about chips it was about undersea cables it was also about software

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but it was never clear what's the concrete scope of this and what to achieve right so and thus

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it remained always a buzzword. I think the debate in the last or in the first term of also laugh

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on the line also showcased that there's a need to be a bit more precise here and that's why

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they also slightly change the term and introduce this kind of work on the first commissioner

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working on so-called tech sovereignty. So the European Commission distanced itself one could say

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from the term digital sovereignty and transferring it to tech sovereignty still this means it's

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also not completely defined and this also means that everyone out there is trying to define it. We

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try to define it if our right is trying to define it big tech is trying to define it and the

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question is where do we end here so and it's definitely a fight which also yeah it's addressing

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some various or so the result is some very strange arguments and some very strange attempts

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to influence politics. We also see now a very strong movement the so-called Bayou

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movement which is then in the far right often by national so for example in France they say

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by French or in Germany by German so it's going in a completely wrong direction since if you look

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at the digital world we have to acknowledge that this is a global thing right so there is nothing

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like a national digital so everything is connected everywhere globally and for this I mean we all know

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free software plays a crucial role here and it's absolutely makes no sense to for example go

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to everyone to have a European software since this will lead to a sovereignty. First we have

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seen with the case of Mistral that it could easily happen that you have a European company the

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Monday and the next day it's a US company but also code is coming from all over the world right and

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be do not build from scratch but we build on what's already out there and this is again a global thing

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and I do feel that we are running this debate in a completely wrong direction since we

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rather talk about borders then instead of like how do we and globally react yeah it takes to our

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core infrastructure which have influences on the whole world and not just Europe or the

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western world so to say right and this is something which we can see so that everyone is using

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or one could also say miss using the term ditches of rarity or in other terms in order to make

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their points for their business or to argue for their ideology right so since the European

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Commission did not really define what they mean so and this is also something which we need to

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address in this term and we already discussed this in latest podcast episodes when we were talking

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about the taxoranity report as well as a procurement report where I do believe that if we manage it

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to talk about strategic goals in taxoranity and procurement then we are also able to define

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what we really mean with this and also are able to claim that this is a global thing and not a

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national nor a European activity which is which is ending at borders so to say or that we do not

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mean the free flow of unregulated AI with digital sovereignty but that we mean we want to have

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controls over technology. True free software. Precisely. I just wanted to add just a little bit to

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do so nicely dear. All right and now I'm wondering so we already discussed that there is an

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exception for free software that is not high risk AI systems and we already discussed that there's

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this letter but how a civil society is a whole reacting to this. So and just one or two days after

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this letter of the companies have been released so maybe let's also start from scratch here so the

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so there was discussions around stopping the clock. The European Commission spokesperson

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said we won't stop the clock we are going to continue then the CEO came up with this open

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letter we just discussed and another two days later the yeah basically European civil society

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stand up and also wrote the open letter and said to the Commission stand where you are and

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do not stop the clock it's important that the regulation is going to be implemented as for

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seen and as planned. So and with the European Digital Society the mainly mean European Digital Rights

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which is the umbrella organization of digital rights organizations from Europe where we are also

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a member of this organization and others like consumer protections organizations so for example

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Boyk was there and so which is basically the umbrella organization of all consumer protection

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agencies in the member states or this would be for example in Germany and the from power

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central so there are these official consumer protection bodies that have an umbrella organizations

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there so even there so which is basically a very an organization also paid by governments

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so they also fight here for consumer rights so a large group of 50 organizations

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of civil society organizations coming from the digital but also from the consumer protection

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area came together to counter this letter of the companies and and said look if we need

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these rules since we want to protect consumers and so now I do believe that there will be a fight

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over the summer break until August if the commission will stand at its position and will implement

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as for seen or if the companies will be successful with their lobbying and that there will be a stop

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the clock mechanism. Also since we have this deadline with August which is just a few weeks ahead

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of us or I expect to be I expect to see more of these kinds of initiatives more pressure on the

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commission and it will be very interesting to see if the commission will stand at its position and

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we need to support them right so we need to go there and argue against so that's why it was a very

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good thing from European Digital society as well as consumer protection bodies to to come up with

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this letter and to counter this and to to take this fight and to protect consumers basically

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so that we from August on will have these rules on general will purpose AI being into force.

00:21:48.680 --> 00:21:52.760
You will probably follow this conversation for us right?

00:21:53.640 --> 00:22:01.880
Absolutely and also most likely exactly and it's also most likely that we will come together

00:22:01.880 --> 00:22:10.200
around August I guess where we might give a follow-up on this and yeah you dear listeners know

00:22:10.200 --> 00:22:16.520
what happened in the end so if the rules on general purpose AI are implemented and or if they

00:22:17.240 --> 00:22:24.200
postpone these and also how it's going to be continued with the high-risk AI and also as

00:22:24.200 --> 00:22:30.600
said there are currently discussions on copyright in the European Parliament which will be discussed

00:22:30.600 --> 00:22:37.960
on the 15th of July in the committee. Also here we will see how the debates are going to be

00:22:37.960 --> 00:22:45.160
kicked off or ended so depending on how you look at it and then we will cover this yeah

00:22:45.160 --> 00:22:51.640
most likely in August and see what happened until then if you should happen to run into decision

00:22:51.640 --> 00:22:58.600
makers working on this let them know that we as civil society want those rules we want

00:22:59.320 --> 00:23:05.160
that the AI act enters into force as for them and as planned there should be no further delay

00:23:05.240 --> 00:23:08.040
so let them know that this is our position and maybe this helps.

00:23:09.560 --> 00:23:14.360
Thank you so much Alex thank you so much for walking us through AI act and about the current

00:23:14.360 --> 00:23:22.600
debates here in light of the time I would say we cut a close here any closing remarks from your side

00:23:22.600 --> 00:23:32.200
on this AI act point. Not only AI act but I have a remark on our podcast so since we have a transcript

00:23:32.200 --> 00:23:39.400
of the podcast which is generated automatically we were wondering if you are using this if you

00:23:39.400 --> 00:23:46.040
read through this and how you like it and if you see any kind of improvements we could implement

00:23:46.600 --> 00:23:54.920
that are easily to be implement so we don't want to spend 20 hours on a very perfect transcript so

00:23:54.920 --> 00:24:00.360
this is not possible with our resources but if you could have a look at this and let us know if this

00:24:00.360 --> 00:24:06.040
is something which is useful for you or how we can improve it with two or three clicks then we are

00:24:06.040 --> 00:24:12.040
also happy to learn from you and yeah let us know if this is a useful thing with the transcript

00:24:12.040 --> 00:24:20.360
if you use it and if you see any improvements for us. Thank you thank you very much for pointing

00:24:20.360 --> 00:24:27.400
this out and we are happy to welcome your feedback. So Alex thank you so much for your time thank you

00:24:27.400 --> 00:24:33.960
so much for being here it was a pleasure as always and yeah thank you. Looking forward to the next

00:24:33.960 --> 00:24:41.640
episode. I also have something that I would like to highlight now before the summer pause starts. I

00:24:41.640 --> 00:24:47.640
know we will be back in August but until our next software freedom podcast episode I would like

00:24:47.640 --> 00:24:54.600
to point out a podcast to you called Linux InLaws. The Linux InLaws is a podcast hosted by

00:24:54.600 --> 00:25:01.320
Chris and Martin and Martin and Chris they just have a wonderful and easy way to talk about free

00:25:01.320 --> 00:25:06.840
software topics and yeah it's very easy to listen to and to dive into the ramps of the free

00:25:06.840 --> 00:25:14.760
software world in a fun and light way. I'm very happy to point you to the season two episode 40

00:25:14.760 --> 00:25:20.600
which was just recently released it's called flossing education and in this episode Martin

00:25:20.600 --> 00:25:25.640
and Chris talk about free software in the educational sector which I found very enlightening and

00:25:25.640 --> 00:25:33.880
very funny and to also point you to a slightly older episode from season one episode 82 where Matthias

00:25:33.880 --> 00:25:41.000
Kirschner our president read the book Ada and Zangemann. Yeah if you have some time give them a

00:25:41.000 --> 00:25:47.640
listen and come back to our podcast afterwards. Happy to see you around.

00:25:50.600 --> 00:25:55.960
This was the software freedom podcast. If you liked this episode please recommend it to your friends

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and rate it. Stay tuned for more inspiring conversations that explored the importance of

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Free Software Foundation Europe. We are a charity that works on promoting software freedom.

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If you like our work please consider supporting us for the nation. You find more information

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under fsfe.org/donate. Bye bye and thank you so much for listening.

00:26:25.640 --> 00:26:31.320
Hi I'm Björn Schiessle. I came to the fsfe 13 years ago as a volunteer where I started translating

00:26:31.320 --> 00:26:36.360
the web page and status of volunteers since then. I think fsfe is really important to have

00:26:36.520 --> 00:26:40.680
an independent voice in Europe to talk about free software because it becomes more and more

00:26:40.680 --> 00:26:50.760
important in a digital society.
