인공지능 검색의 법률 문제- 저작권법상 OSP 책임여부를 중심으로 -

Abstract

Artificial intelligence(AI) search differs from Internet search in that the AI system creates and provides the results. In addition, AI search results are to provide appropriate information by analyzing the context of the search prompt input by the user. Since the search result is generated according to the search context by AI analyzing website information, its nature can be viewed as an editorial. The editing of search results is done by an algorithm at the request of the user. Since it is done technically, content control is not achieved. Even in general Internet search, it is not easy to manipulate the contents of search results other than technical methods such as filtering. If manipulation of search results is a problem at the level of AI models or search engines, it has been done in the service provider's liability area and is the provider's liability. However, in AI search, it is difficult to know what content the provider is asked to search for. It is only possible to check the content that is in question after the fact. Therefore, in AI search, the liability for the result is bound to be exempted, like a general OSP. Technically, AI search and Internet search are different in many aspects, but in fact, it is desirable to be exempted when considering the function and role of search in legal liability. This is because if search increases the integrity of information and takes strict liability for playing a role in the public interest, the right to know, such as access to various information on the Internet, may be damaged. However, the result of liability may vary depending on how you view involvement in the search result. This is because there is a difference in value judgment between when the result is intentionally manipulated and when it is adjusted to increase social value. The involvement of OSP is difficult to regard as a problem because information prohibited by law, such as harmful information, information that violates public order and personal information, is tuned so that it can be filtered. It should also be taken into account that copyright law prohibits OSP from general monitoring obligations. This is because monitoring search results can be a kind of censorship.