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Posted by dahlia 9 hours ago

Is legal the same as legitimate: AI reimplementation and the erosion of copyleft(writings.hongminhee.org)
286 points | 312 commentspage 5
t43562 7 hours ago|
Why does anyone need his new library? They can do what he did and make their own.

I'm glad we can fork things at a point and thumb our noses at those who wish to cash in on other's work.

warkdarrior 7 hours ago|
Why would I make my own? The new library is released under MIT license and faster than the old one.
t43562 7 hours ago||
If you decide to improve it in any way to fit your needs you can merely tell your own AI to re-implement it with your changes. Then it's proprietary to you.
palata 2 hours ago||
> an argument for protecting that test suite and API specification under copyleft terms.

If we protect API under copyright, it makes it easier to prevent interoperability. We obviously do NOT want that. It would give big companies even more power.

Now in the US, the Supreme Court that the output of an LLM is not copyrightable. So even a permissive licence doesn't work for that reimplementation: it should be public domain.

Disclaimer: I am all for copyleft for the code I write, but already without LLMs, one could rewrite a similar project and use the licence they please. LLMs make them faster at that, it's just a fact.

Now I wonder: say I vibe-code a library (so it's public domain in the US), I don't publish that code but I sell it to a customer. Can I prevent them from reselling it? I guess not, since it's public domain?

And as an employee writing code for a company. If I produce public domain code because it is written by an LLM, can I publish it, or can the company prevent me from doing it?

svilen_dobrev 5 hours ago||
i've been following this for a while.. and the trend for copyright (of any form - books code pictures music whatever) being laundered by reinventing the "same" thing in-some-way.. is kind-of clear.

But what happens with the new things? Has the era of software-making (or creating things at large) finished, and from now on everything will be re-(gurgitated|implemented|polished) old stuff?

Or all goes back to proprietary everything.. Babylon-tower style, noone talks to noone?

edit: another view - is open-source from now on only for resume-building? "see-what-i've-built" style

strongpigeon 7 hours ago||
I feel like the licenses that suffer the most isn't the GPL, but the ones like SSPL. If your code can be re-implemented easily and legally by AWS using an LLM, why risk publishing it?

It does feel like open source is about to change. My hunch is that commercial open source (beyond the consultation model) risks disappearing. Though I'd be happy to be proven wrong.

panny 1 hour ago||
Both sides are wrong on this actually. Computer generated code has no copyright protection.

>The U.S. Copyright Office (USCO) and federal courts have consistently ruled that AI-generated works—where the expressive elements are determined by the machine, even in response to a human prompt—lack the necessary human creative input and therefore cannot be copyrighted.

All this code is public domain. Your employees can publish "your" AI generated code freely and it won't matter how many tokens you spent generating it. It is not covered by copyright.

mh2266 5 hours ago||
Buried in here: Mark Pilgrim suddenly reappearing after his sudden disappearance years ago! Has he been up to anything since then?
sayrer 7 hours ago||
I don't think this part is correct: "If you distribute modified code, or offer it as a networked service, you must make the source available under the same terms."

That's what something like AGPL does.

dwroberts 7 hours ago||
One of the things that irks me about this whole thing is, if it’s so clean room and distinct, why make the changes to the existing project? Why not make an entirely new library?

The answer to that, I think, is that the authors wanted to squat an existing successful project and gain a platform from it. Hence we have news cycle discussing it.

Nobody cares about a new library using AI, but squash an existing one with this stuff, and you get attention. It’s the reputation, the GitHub stars, whatever

nicole_express 7 hours ago||
I mean, Blanchard was the longtime maintainer of chardet already, and had wanted to relicense it for years. So I think that complicates your picture of "squatting an existing successful project".

Honestly it's a weird test case for this sort of thing. I don't think you'd see an equivalent in most open source projects.

intrasight 7 hours ago||
I agree. But you can't copyright goodwill and reputation. Trademark does provide some protection there, right?
mwkaufma 7 hours ago||
A lot of untagged IANAL takes here today.
hexyl_C_gut 6 hours ago|
I'm less concerned about AI eroding copyleft and more exited about AI eroding copy right.
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