Towards new recognition of liability in the digital world: should we be more creative?

The emergence of intelligent software, which operates autonomously and not only automatically, may give rise to many difficulties especially with regard to the attribution of liability for the actions of such software. This paper thus explores some of these difficulties and examines how intelligent software agents differ from other software applications, and how liability should be attributed in light of such differences. Furthermore, this paper briefly addresses the issue of what the law ought to be in order to successfully handle intelligent software agents and their potential effects in the digital world.