(36)
According to Article 2(12) AI Act, th e AI Act does not apply to AI systems released under free and open-source licences,29 unless they are placed on the market or put into service as high-risk AI systems or as an AI system that falls under Article5 (prohibited AI practices) or Article 50 AI Act (transparency obligations for certain AI systems) . This means that providers of AI systems cannot benefit from this exclusion if the AI system they place on the market or put into service constitutes a prohibited practice under Articles 5 AI Act.