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Posted by dahlia 15 hours ago

Is legal the same as legitimate: AI reimplementation and the erosion of copyleft(writings.hongminhee.org)
393 points | 435 commentspage 9
delichon 13 hours ago|
Imagine if the author has his way, and when we have AI write software, it becomes legally under the license of some other sufficiently similar piece of software. Which may or may not be proprietary. "I see you have generated a todo app very similar to Todoist. So they now own it." That does not seem like a good path either for open source software or for opening up the benefits of AI generated software.
moi2388 13 hours ago||
Perhaps we should finally admit that copyright has always been nonsense, and abolish this ridiculous measure once and for all
vladms 13 hours ago||
Probably a wiser approach is to consider different times require different measures (in general!).

I did not study in detail if copyright "has always been nonsense", but I do agree that nowadays some of the copyright regulations are nonsense (for example the very long duration of life + 70 years)

intrasight 13 hours ago|||
I think AI is very much eroding the legitimacy of copyright - at least to software, which is long been questioned since it's more like math than creative expression.

I think the industry will realize that it made a huge mistake by leaning on copyright for protection rather than on patents.

joshmoody24 10 hours ago|||
IMO the core idea of copyright isn't nonsense, but I do think the current implementation (70+ years after death) is egregiously overpowered. I've always thought the current laws were too deeply entrenched to ever change, but I'm tentatively optimistic AI will shock the system hard enough to trigger actual reform.
mbgerring 9 hours ago||
Actually I think the last 20 years of the Internet demonstrates that copyright is more important than ever, because unless it's enforced, people with more capital than the copyright owner will simply steal creative works and profit from them.

The idea that "information wants to be free" was always a lie, meant to transfer value from creators to platform owners. The result of that has been disastrous, and it's long past time to push the pendulum in the other direction.

throawayonthe 13 hours ago||
shall we now have to think about the tradeoffs in adopting

- proprietary

- free

- slop-licensed

software?

megous 9 hours ago|
We should just use LLMs to free more software and HW. Make it work against the system.
logicprog 13 hours ago||
> Ronacher notes this as an irony and moves on. But the irony cuts deeper than he lets on. Next.js is MIT licensed. Cloudflare's vinext did not violate any license—it did exactly what Ronacher calls a contribution to the culture of openness, applied to a permissively licensed codebase. Vercel's reaction had nothing to do with license infringement; it was purely competitive and territorial. The implicit position is: reimplementing GPL software as MIT is a victory for sharing, but having our own MIT software reimplemented by a competitor is cause for outrage. This is what the claim that permissive licensing is “more share-friendly” than copyleft looks like in practice. The spirit of sharing, it turns out, runs in one direction only: outward from oneself.

This argument makes no sense. Are they arguing that because Vercel, specifically, had this attitude, this is an attitude necessitated by AI, reimplementation, and those who are in favor of it towards more permissive licenses? That certainly doesn't seem to be an accurate way to summarize what antirez or Ronacher believe. In fact, under the legal and ethical frameworks (respectively) that those two put forward, Vercel has no right to claim that position and no way to enforce it, so it seems very strange to me to even assert that this sort of thing would be the practical result of AI reimplementations. This seems to just be pointing towards the hypocrisy of one particular company, and assuming that this would be the inevitable universal, attitude, and result when there's no evidence to think so.

It's ironic, because antirez actually literally addresses this specific argument. They completely miss the fact that a lot of his blog post is not actually just about legal but also about ethical matters. Specifically, the idea he puts forward is that yes, corporations can do these kinds of rewrites now, but they always had the resources and manpower to do so anyway. What's different now is that individuals can do this kind of rewrites when they never have the ability to do so before, and the vector of such a rewrite can be from a permissive to copyleft or even from decompile the proprietary to permissive or copyleft. The fact that it hasn't been so far is a more a factor of the fact that most people really hate copyleft and find an annoying and it's been losing traction and developer mind share for decades, not that this tactic can't be used that way. I think that's actually one of the big points he's trying to make with his GNU comparison — not just that if it was legal for GNU to do it, then it's legal for you to do with AI, and not even just the fundamental libertarian ethical axiom (that I agree with for the most part) that it should remain legal to do such a rewrite in either direction because in terms of the fundamental axioms that we enforce with violence in our society, there should be a level playing field where we look at the action itself and not just whether we like or dislike the consequences, but specifically the fact that if GNU did it once with the ability to rewrite things, it can be done again, even in the same direction, it now even more easily using AI.

antirez 13 hours ago||
> They completely miss the fact that a lot of his blog post is not actually just about legal but also about ethical matters.

Honestly I was confused about the summarization of my blog post into just a legal matter as well. I hope my blog post will be able to flash at least a short time in the HN front page so that the actual arguments it contain will get a bit more exposure.

Talanes 13 hours ago||
I'm failing to see what in the quoted text you took to be about AI rewrites specifically? It just reads as a slightly catty aside about the social reaction of rewrites in general (by implying the one example is generalizable.)
aplomb1026 7 hours ago||
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szundi 13 hours ago||
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throwaway2027 13 hours ago|
I think we're going one step too far even, AI itself is a gray area and how can they guarantee it was trained legally or if it's even legal what they're doing and how can they assert that the input training data didn't contain any copyrighted data.
observationist 13 hours ago|
Google already spent billions of dollars and decades of lawyer hours proving it out as fair use. The legal challenges we see now are the dying convulsions of an already broken system of publishers and IP hoarders using every resource at their disposal to manipulate authors and creators and the public into thinking that there's any legitimacy or value underlying modern copyright law.

AI will destroy the current paradigm, completely and utterly, and there's nothing they can do to stop it. It's unclear if they can even slow it, and that's a good thing.

We will be forced to legislate a modern, digital oriented copyright system that's fair and compatible with AI. If producing any software becomes a matter of asking a machine to produce it - if things like AI native operating systems come about, where apps and media are generated on demand, with protocols as backbone, and each device is just generating its own scaffolding around the protocols - then nearly none of modern licensing, copyright, software patents, or IP conventions make any sense whatsoever.

You can't have horse and buggy traffic conventions for airplanes. We're moving in to a whole new paradigm, and maybe we can get legislation that actually benefits society and individuals, instead of propping up massive corporations and making lawyers rich.

casey2 13 hours ago||
Google has cut out some very specific ruling that have nothing to do with modern AI. These systems are just a really slow/lossy git clone, current law has no trouble with it, it's broadly illegal.

If corporations are allowed to launder someone else work as their own people will simply stop working and just start endlessly remixing a la popular music.