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Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

writings.hongminhee.org

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Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#2
"Antirez closes his careful legal analysis as though it settles the matter. Ronacher acknowledges that “there is an obvious moral question here, but that isn't necessarily what I'm interested in.” Both pieces treat legal permissibility as a proxy for social legitimacy. "

This whole article is just complaining that other people didn't have the discussion he wanted.

Ronacher even acknowledged that it's a different discussion, and not one they were trying to have at the moment.

If you want to have it, have it. Don't blast others for not having it for you.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#3
I believe it is a narrow view of the situation. If we take a look into the history, into the reasons for inventing GPL, we'll see that it was an attempt to fight copyrights with copyrights. The very name 'copyleft' is trying to convey the idea.

What AI are eroding is copyright. You can re-implement not just a GPL program, but to reverse engineer and re-implement a closed source program too, people have demonstrated it already, there were stories here on HN about it.

AI is eroding copyright, so there may no longer be a need for the GPL. GNU should stop and rethink its stance, chuck away the GPL as the main tool to fight evil software corporations and embrace LLM as the main weapon.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#4
> Blanchard's account is that he never looked at the existing source code directly. He fed only the API and the test suite to Claude and asked it to reimplement the library from scratch

This feels sort of like saying "I just blindly threw paint at that canvas on the wall and it came out in the shape of Mickey Mouse, and so it can't be copyright infringement because it was created without the use of my knowledge of Micky Mouse"

Blanchard is, of course, familiar with the source code, he's been its maintainer for years. The premise is that he prompted Claude to reimplement it, without using his own knowledge of it to direct or steer.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#5
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.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#7
What if someone doesn't declare that it has been reimplemented using an LLM? Isn't it enough to simply declare that you have reimplemented the software without using an LLM? Good luck proving that in court...

One thing is certain, however: copyleft licenses will disappear: If I can't control the redistribution of my code (through a GPL or similar license), I choose to develop it in closed source.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#8
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

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#9
post #3

I believe it is a narrow view of the situation. If we take a look into the history, into the reasons for inventing GPL, we'll see that it was an attempt to fight copyrights with copyrights. The very name 'copyleft' is trying to convey the idea. What AI are eroding is copyright. You can re-implement not just a GPL program, but to reverse engineer and re-implement a closed source program too, people have demonstrated i…

Copyleft is a mirror of copyright, not a way to fight copyright. It grants rights to the consumer where copyright grants rights to the creator. Importantly, it gives the end-user the right to modify the software running on their devices.

Unfortunately, there are cases where you simply can't just "re-implement" something. E.g., because doing so requires access to restricted tools, keys, or proprietary specifications.

Re: Is legal the same as legitimate: AI reimplementation and the erosion of copyleft

#10

"Antirez closes his careful legal analysis as though it settles the matter. Ronacher acknowledges that “there is an obvious moral question here, but that isn't necessarily what I'm interested in.” Both pieces treat legal permissibility as a proxy for social legitimacy. " This whole article is just complaining that other people didn't have the discussion he wanted. Ronacher even acknowledged that it's a different disc…

Having this discussion involves blasting others for not considering it. Consider the rest of the paragraph you quoted:

> But law only says what conduct it will not prevent—it does not certify that conduct as right. Aggressive tax minimization that never crosses into illegality may still be widely regarded as antisocial. A pharmaceutical company that legally acquires a patent on a long-generic drug and raises the price a hundredfold has not done something legal and therefore fine. Legality is a necessary condition; it is not a sufficient one.

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