398 NEWSLETTER 2021 synonymous with artificial intelligence, is actually a field of artificial intelligence that uses algorithms to learn from data. These algorithms build a model based on the inputs and use the resulting insights to make decisions or make predictions. Deep learning, on the other hand, is a much more recent concept and is defined as “continuous learning”. It exemplifies the methods used by the human brain to solve complex problems.”3 While it is quite difficult to define artificial intelligence, there is also no consensus on its legal status. Indeed, there is no specific legislation or definition regarding artificial intelligence in Turkish law yet. For this reason, it should be evaluated whether artificial intelligence falls within the scope of the definitions already in the legislation. Although there are various opinions which define artificial intelligence as a person or a slave, there are important criticisms in the doctrine against these opinions, and there are ethical considerations as well.4 Since goods must have a tangible existence in accordance with Turkish law, it is also not widely accepted that artificial intelligence technology falls under the definition of goods. On the other hand, there are opinions which classify artificial intelligence as a product or service.5 The definition to be made here varies according to the nature of artificial intelligence and the services it offers, since the development level and capacity of each artificial intelligence is different. While it is possible to consider artificial intelligences with more advanced and complex actions as services, those with simpler and plainer features can be described as “products”. On the other hand, there are opinions that artificial intelligence can be considered as a commodity within the scope of the Consumer Protection Law No. 6502 (“CPL”).6 Pursuant to Article 3/h of the CPL (Definitions) goods are defined as movable property, immovable property for residence or holiday purposes, and software, audio, video and 3 Büyüközkan Feyzioğlu, Gülçin: Gelişen Teknolojiler ve Hukuk II: Yapay Zeka, 2021, p. 6-7. 4 Bak, Başak; Medeni Hukuk Açısından Yapay Zekanın Hukuki Statüsü ve Yapay Zeka Kullanımından Doğan Hukuki Sorumluluk, 2018, p. 9. 5 Sarı, Onur: Yapay Zekanın Sebep Olduğu Zararlardan Doğan Sorumluluk, TBB Barosu 2020 Sayı: 147, 2019, p. 259. 6 Sarı, p. 262.
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