> I think that
> I think this
> I don't get the spirit of that limitation
> I guess that
In a nutshell, this uncertainty is why firms are going to slow-roll EU rollout of AI and, for designated gatekeepers, other features. Until there is a body of litigated cases to use as reference, companies would be placing themselves on the hook for tremendous fines, not to mention the distraction of the executives.
Which, not making any value judgement here, is the point of these laws. To slow down innovation so that society, government, regulation, can digest new technologies. This is the intended effect, and the laws are working.
Companies like OpenAI definitely have the resources to let some lawyers analyze the situation and at this point it should be clear to them if they can or can't do this. It's far more likely that they're holding back because of limitations in hardware resources.
I use those words because I've never read any of the points in the EU AIA.