Legal Nature of Smart Applications

Аннотация

Technologies involving smart applications are progressively assuming a more pivotal role in modern human life. The robust advancements of the internet, mobile technologies, and artificial intelligence have rendered a burgeoning development of smart applications imbued with such emerging technologies. A smart application denotes a program or application that can operate independently, without human intervention; perceive environmental variables, information, and data; and then render an intelligent response consistent with human applications. Similar to a traditional application, a smart application is interpreted as a sequence of programmed instructions that perform particular tasks. However, the instructions in a smart application not only command but also empower it to think and learn like a human through AI algorithms, thus cogitating, conceiving, decision making, and self-evolving. Keywords: Technologies, Modern Human Life, Artificial Intelligence, Conceiving, Self-evolving. Introduction: The world has become smarter at We will divide this section into two requirements to present if it has begun to use smart applications in understand the precise concept of smart applications. many matters and fields, which it has accelerated in In the first requirement, we will address the parties light of technological progress, which has produced involved in using smart applications. As for the second smart applications, which are a group of programs that requirement, we will discuss the extent to which the are designed to provide many services to their users characteristic of money applies to smart applications as that they can use at any time and in any field. follows: Due to their widespread spread in many fields, we must The first requirement know their legal nature. Can these applications be The parties involved in using smart applications considered copyrights or invention programs for their For smart applications to appear, many people must producers? Is it possible to make their user the owner participate. There must be a user who buys or uses of them, or are they the property of the producer in the them and a product that brings them into existence. absence of a special legal regulation for them? This Accordingly, within the framework of this requirement, requires us to refer to jurisprudence. we will address those parties, trying to understand the The importance of the research comes from the desire concept of the user of smart applications and the to know the truth about the topic (the legal nature of concept of the product as follows: smart applications, the legal regulation of virtual First: The user of smart applications ownership), which was the reason behind continuing the research to reach the most just solution. The intended user is the person who uses smart applications, purchases the smart application service, We relied on an analytical approach that aims to or is the person for whom the smart application is analyze the legal texts and opinions of jurists regarding designed. He is the person who uses the smart general rules and then adapt these writings to suit application and the things inside it. (1) smart applications. Some may wonder if it is possible to describe the The First Section consumer to the user of smart applications; the The Concept of Smart Applications consumer has many concepts. In the Iraqi Consumer Protection Law No. (1) of 2010, the consumer was International Journal of Law And Criminology 7 https://theusajournals.com/index.php/ijlc International Journal of Law And Criminology (ISSN: 2771-2214) defined in its first article as (any natural or legal person quality of money on the material quality of things to who is provided with a commodity or service to benefit consider their money. Therefore, tangible material from it) (2 ). With this definition, we see that the Iraqi things are what the description of money applies to, so legislator has adopted the broad concept of the the quality of money was not recognized as a moral consumer. The researcher sees through the above that thing (7). this definition includes all persons, whether their status This matter was adopted by jurisprudence, as it went to is natural or legal, and also includes services and deny considering smart applications as money in the movable funds. At the same time, another direction legal sense since these applications exist only in virtual narrowed the concept of the consumer, defined as any space, cannot be possessed in actual possession, and person who buys a commodity or uses a commodity for are not considered things in the legal sense, as they are non-professional purposes to satisfy his daily personal intangible goods and cannot be applications, because it and family needs. (3) is impossible to possess them physically, because they First: The producer of smart applications exist only in a form represented in smart applications (8). Also, the proponents of this opinion relied on The producer of smart appli