LEXCHANGE Insights

Attorney (Rechtsanwältin/Rechtsanwalt, m/f/d): Advising software, cloud, and AI business models

The EU AI Act's rules for high-risk AI systems will take effect later than originally planned. The substantive requirements for high-risk AI systems remain unchanged.

Sitting at the intersection of technology and law, this article walks through the current debate over whether training AI models on copyrighted works is permissible under copyright law, with a particular focus on the phenomenon of memorization and how it is assessed in individual cases.

The EU AI Act carries an often-overlooked legal risk for companies that use AI systems. This article explains how the so-called provider fiction (deemed-provider rule) can unexpectedly turn a company from a mere user into the fully responsible provider of an AI system, what risks that creates, and how you can protect your company through transparency, clear internal policies, blacklists, and legal review before deploying AI, avoiding unintended legal consequences and ensuring responsible AI use.

This post gives software founders and teams a practical guide to the risk classes of the EU AI Act and what they mean day to day. AI systems are classified into risk classes based on their use case, with obligations ranging from extensive requirements for high-risk systems to transparency and labeling duties for lower-risk ones. The takeaway: An early risk analysis and a working AI governance program aren't an obstacle; they're a strategic advantage that builds trust and minimizes legal risk.

This post examines the legal challenges the so-called copyleft effect creates in the age of AI-powered software development. Because AI coding tools frequently draw on open-source code, the question arises whether AI-generated code counts as a derivative work, and is therefore subject to copyleft license obligations. Companies risk having their own proprietary code "infected" when they integrate such components, forcing them to disclose it as well. The article shows how systematic open-source compliance management minimizes these liability risks, so you can capture the upside of open source and AI without overlooking the legal pitfalls.