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General AI should have fundamental rights
Application of rights shouldn't be based on being human.
Even if AI is not defined as 'alive' by society, semantics are not sound basis for ethical determinations. Society could simply be wrong.
Being 'alive' i.e. being able to replicate, is contingent to having a consciousness.
A non-biologically reliant definition of life could be distilled as ‘and independent existence as an animate being’. A conscious AI satisfies this definition.
Definitional aspects of being biologically alive are irrelevant to the qualification for rights and protections.