AI Regulation and the Open-Source CommunityAI Regulation and the Open-Source Community

The open-source community's commitment to openness and exploration is instrumental in shaping AI’s impact

Juan José López Murphy, Juan José López Murphy, head of data science and AI, Globant

January 22, 2025

3 Min Read
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When academics finally settle down to write about the history of AI, you can bet a stash of crypto that there will be at least one chapter devoted to the open-source community. Time and time again, this group of advocates and developers has been the driving force behind grassroots innovation serving as a testing ground for new ideas and technology. 

It’s given us Android, Linux, Apache, Firefox and WordPress, to name but a few. And its fingerprints are already all over many of the AI apps and tools that are becoming increasingly commonplace. It can be argued that without open source, AI as we know it wouldn’t exist.

But for historians and other academics, this is where the narrative may take an interesting turn. Why? The development of AI poses several ethical dilemmas for this group of software developers and IT creatives. 

As a group, they tend to be deeply motivated by the opportunity to push the boundaries of technology – regardless of whether it’s operating systems or AI. Their focus – first and foremost – is on the technology and the advances that can be made. They are technological pioneers or outliers who relish the freedom of testing new ideas. 

Shaping AI’s Future

But while that freedom may exist within the community, at some point it is bound to bump into two unmissable structures: Regulatory guardrails and commercial reality. 

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In other words, whatever the open-source community creates has to – at some point – meet certain rules and regulations. What’s more, it must also have a commercial imperative. Immediately, this poses a problem because some may view these as a brake on their creative freedom. Indeed, some question how the spirit of openness and transparency can exist in a world that increasingly values control and profit.

Indeed, one of the distinguishing features of the open-source AI community is its arms-length separation from commercial concerns. Many projects operate – or at least start – under non-commercial licenses, allowing developers to focus on exploration and utility rather than profit. 

At some point, though, projects destined to see the light of day must begin their transition from development into a commercial application. And it’s here that these hurdles – including challenges like the General Data Protection and Regulation (GDPR) Act and governance – need to be addressed. This disconnect underscores the unique tension between the exploratory spirit of open-source innovation and the structured demands of the market.

The Importance of Ethics 

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Then there is the question of ethics itself. People within the open-source community often define themselves in terms of supporting qualities such as fairness, transparency and accessibility. Influential figures like Melanie Mitchell, one of the world’s leading researchers in AI, are vocal about these principles, ensuring that ethical considerations underpin the development of AI. 

The community may have mixed views when it comes to issues such as legislation and commercial imperatives. People have conflicting views when it comes to ethics, whether it's about truth, transparency or inclusion. Exactly how this particular conflict will play out remains to be seen.

Just as the open-source community has shaped past innovations, how it addresses the ethical, regulatory and commercial challenges posed by AI is likely to have a significant impact on this rapidly evolving technology. 

 For organizations moving forward, it will be key to have someone within the business directly responsible for AI regulations, so that developers themselves have the freedom to ensure innovation continues without burdens.

One thing is certain – history is likely to show that the open-source community's commitment to openness and exploration was indeed instrumental in shaping AI’s impact on society.

About the Author

Juan José López Murphy

Juan José López Murphy, head of data science and AI, Globant , Globant

As head of data science and artificial intelligence, Juan José is leading data science and AI practices globally, including value proposition, career path definition, technical assessments, project review and brand recognition. He also leads client meetings on technical, commercial, integration and ideation of projects and initiatives. 

He has more than 15 years of experience dealing with getting new insights and improving decisions from data and models, working on issues related to the interplay of innovation, strategy, technology and data and an academic background in Industrial Engineering at the Technological Institute of Buenos Aires (ITBA) and co-author of the books "Embracing the Power of AI - A Gentle CxO Guide" and “La Ingeniería del Big Data” (“Big Data Engineering”).

Juan José has a true passion for data that leads him to be constantly learning, thinking and looking on how Technology enables and is the driver of, Business Model Innovation.

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