399 INFORMATION TECHNOLOGY LAW similar intangible goods prepared for use in electronic environment, which are subject to trade. Among the foreign opinions on artificial intelligence, the Civil Law Rules on Robotics published by the European Parliament Legal Affairs Committee in 2017 draws attention. According to this report, due to the unique nature of artificial intelligence, it is recommended to create a new legal status and create an “electronic personality”.7 Thus, it is understood that the European Parliament is closer to the definition of “person” rather than the definitions of products, goods or services, and wants to create a sui generis personality. Liability for Damages Caused by Artificial Intelligence Contractual relations and torts, which form the fundamental basis of legal responsibility, are evaluated in the doctrine in terms of the damages potentially caused by artificial intelligence. Firstly, considering contractual liability, the responsibility arising from the contract between the buyer and the seller of the artificial intelligence shall be examined. In contractual liability, there are various advantages, such as providing ease of proof to the injured party and the statute of limitation is 10 years. However, in accordance with the principle of privity of contract, it will not be possible for third parties other than the buyer to make a claim against the seller. As a matter of fact, the defects that occur in artificial intelligence will most likely be caused by the manufacturer’s fault rather than the seller; however, it will not be possible to sue the manufacturer due to the principle of privity.8 As another source of responsibility, tortious liability and strict liability are frequently evaluated in the doctrine. Pursuant to Article 49 of the Turkish Code of Obligations No. 6098 (“TCO”), a person who causes harm to another by a wrongful and unlawful act is obliged to compensate for this damage. Compensation may be claimed under the provisions of the tortious liability, in the event that one of the persons who had no previous relationship with the tort causes harm to 7 European Parliament resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INaL)), https:// www.europarl.europa.eu/doceo/document/TA-8-2017-0051_EN.html#title1 (Access date: 18.07.2021). 8 Sarı, p. 265.
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