Desafíos actuales de la Inteligencia Artificial

Generative AI content misuse and the DSA 91 functional comparisons with Generative AI applications, suggesting that such a classifi- cation might be viable. Beatriz Botero Arcila also draws a functional comparison between search engines and Generative AI tools 30 . She acknowledges the content moderation risks posed by Generative AI and their imperfect fit within the DSA’s intermediary types 31 . However, she argues that ambiguity has always been part of interpreting EU platform regulations. Botero Arcila claims that search engines and Generative AI applications share a fundamental role: organising information in an information-rich environment. This functional equivalency justifies the extension of the DSA provisions on search to Generative AI applications 32 . While recognis- ing that Generative AI performs additional functions, she concludes that partially regulating them under the DSA’s search engine provisions is fair and practicable 33 . 2.3.Flexible appraisal: Generative AI tools as host providers or search engines. Finally, in what is likely the most flexible approach, Laureline Lemoine and Mathias Vermeulen argue that Generative AI applications could be considered either host providers or search engines under the DSA 34 . Regarding hosting, they discuss whether content is pro- vided by users or the AI, suggesting that user prompts might allow a flexible interpretation of “hosting.” As for search engines, like Stalla-Bourdillon and Arcila, they highlight the ambiguities and functional similarities between search engines and Generative AI applica- tions, concluding that Generative AI applications could fit the search engine description to a certain extent. 3. ANALYSIS. The previous section has shown that the inclusion of Generative AI applications under the DSA’s regulatory scope has elicited mixed reactions in legal literature. Opinions range hosting service? It’s probably not the best argument when the primary concern relates to the handling of the model output, but is it good enough? …”. 30 BOTERO ARCILA, Beatriz, “Is it a Platform? Is it a Search Engine? It’s Chat GPT! The European Liability Regime for Large Language Models”, Journal of Free Speech Law, 2023 3(2), pp. 455-488. 31 Ibid, p. 477 and 479. 32 Ibid, p. 483-485. 33 Ibid, p. 486-487. 34 LEMOINE, Laureline; VERMEULEN, Mathias, “Assessing the Extent to Which Generative Artificial Inte- lligence (AI) Falls Within the Scope of the EU’s Digital Services Act: an Initial Analysis”, available at SSRN: https://ssrn.com/abstract=4702422 (last access 30.07.2024).