Posted by dahlia 9 hours ago
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.
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?
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
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.
>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.
That's what something like AGPL does.
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
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.