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AI assistance when contributing to the Linux kernel

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Re: AI assistance when contributing to the Linux kernel

#101

This feels like the OSS community is giving up. LLMs are lossily-compressed models of code and other text (often mass-scraped despite explicit non-consent) which has licenses almost always requiring attribution and very often other conditions. Just a few weeks ago a SOTA model was shown to reproduce non-trivial amounts of licensed code[0]. The idea of intelligence being emergent from compression is nothing new[1]. Th…

> Just like stealing fractional amounts of money[3] should not be legal, violating the licenses of the training data by reusing fractional amounts from each should not be legal either.

I think you'll find that this is not settled in the courts, depending on how the data was obtained. If the data was obtained legally, say a purchased book, courts have been finding that using it for training is fair use (Bartz v. Anthropic, Kadrey v. Meta).

Morally the case gets interesting.

Historically, there was no such thing as copyright. The English 1710 Statute of Anne establishing copyright as a public law was titled 'for the Encouragement of Learning' and the US Constitution said 'Congress may secure exclusive rights to promote the progress of science and useful arts'; so essentially public benefits driven by the grant of private benefits.

The Moral Bottomline: if you didn't have to eat, would you care about who copies your work as long as you get credited?

The more the people that copy your work with attribution, the more famous you'll be. Now that's the currency of the future*. [1]

You'll do it for the kudos. [2][3]

  *Post-Scarcity Future. 
  [1] https://en.wikipedia.org/wiki/Post-scarcity
  [2] https://en.wikipedia.org/wiki/The_Quiet_War, et. al.
  [3] https://en.wikipedia.org/wiki/Accelerando

Re: AI assistance when contributing to the Linux kernel

#102

Earlier quoted context omitted.

If you think it's an unacceptable risk to use a tool you can't trust when your own head is on the line, you're right, and you shouldn't use it. You don't have to guarantee anything. You just have to accept punishment.

That’s just it though it’s not just your head. The liability could very likely also fall on the Linux foundation. You can’t say “you can do this thing that we know will cause problems that you have no way to mitigate, but if it does we’re not liable”. The infringement was a foreseeable consequence of the policy.

The only lawsuits so far have been over training on open source software. You're inventing a liability problem that essentially does not exist.

Re: AI assistance when contributing to the Linux kernel

#103
post #5

Basically the rules are that you can use AI, but you take full responsibility for your commits and code must satisfy the license. That's... refreshingly normal? Surely something most people acting in good faith can get behind.

But why should AI then be attributed if it is merely a tool that is used?

Having an honesty based tag could be only way to monitor impact or get after a fix in code bases if things go south.

That is at the moment: - Nobody knows for sure what agents might add and their long term effects on codebases.

- It's at best unclear that AI content in a codebase can be reliably determined automatically.

- Even if it's not malicious, at least some of its contributions are likely to be deleterious and pass undetected by human review.

Re: AI assistance when contributing to the Linux kernel

#105

Earlier quoted context omitted.

But then if AI output is not under GNU General Public License, how can it become so just because a Linux-developer adds it to the code-base?

AIs are not human and therefore their output is a human authored contribution and only human authored things are covered by copyright. The work might hypothetically infringe on other people's copyright. But such an infringement does not happen until a human decides to create and distribute a work that somehow integrates that generated code or text. The solution documented here seems very pragmatic. You as a contribut…

Didn't a court in the US declare that AI generated content cannot be copyrighted? I think that could be a problem for AI generated code. Fine for projects with an MIT/BSD license I suppose, but GPL relies on copyright.

However, if the code has been slightly changed by a human, it can be copyrighted again. I think.

Re: AI assistance when contributing to the Linux kernel

#106
post #86
post #72

Earlier quoted context omitted.

In certain law cases plagiarization can be influenced by the fact if person is exposed to the copyrighted work. AI models are exposed to very large corpus of works..

Copyright infringement and plagiarism are not the same or even very closely related. They're different concepts and not interchangeable. Relative to copyright infringement, cases of plagiarism are rarely a matter for courts to decide or care about at all. Plagiarism is primarily an ethical (and not civil or criminal) matter. Rather than be dealt with by the legal system, it is the subject of codes of ethics within e.…

I suspect they were instead referring to patents; for example, when I worked at Google, they told the engineers not to read patents because then the engineer might invent something infringing, I think it's called willful infringement. No other employer I've worked for has every raised this as an issue, while many lawyers at google would warn against this.

Re: AI assistance when contributing to the Linux kernel

#107

All code must be compatible with GPL-2.0-only Am I being too pedantic if I point out that it is quite possible for code to be compatible with GPL-2.0 and other licenses at the same time? Or is this a term that is well understood?

GPL-2.0-only is the name of a license. One word. It is an alternative to GPL-2.0-or-later.

Right, the final hyphen changes the meaning of the sentence.

"GPL-2.0-only" "GPL-2.0 only"

Re: AI assistance when contributing to the Linux kernel

#108
post #105

Earlier quoted context omitted.

AIs are not human and therefore their output is a human authored contribution and only human authored things are covered by copyright. The work might hypothetically infringe on other people's copyright. But such an infringement does not happen until a human decides to create and distribute a work that somehow integrates that generated code or text. The solution documented here seems very pragmatic. You as a contribut…

Didn't a court in the US declare that AI generated content cannot be copyrighted? I think that could be a problem for AI generated code. Fine for projects with an MIT/BSD license I suppose, but GPL relies on copyright. However, if the code has been slightly changed by a human, it can be copyrighted again. I think.

> Didn't a court in the US declare that AI generated content cannot be copyrighted?

No, my understanding is that AI generated content can't be copyrighted by the AI. A human can still copyright it, however.

Re: AI assistance when contributing to the Linux kernel

#109
post #105

Earlier quoted context omitted.

AIs are not human and therefore their output is a human authored contribution and only human authored things are covered by copyright. The work might hypothetically infringe on other people's copyright. But such an infringement does not happen until a human decides to create and distribute a work that somehow integrates that generated code or text. The solution documented here seems very pragmatic. You as a contribut…

Didn't a court in the US declare that AI generated content cannot be copyrighted? I think that could be a problem for AI generated code. Fine for projects with an MIT/BSD license I suppose, but GPL relies on copyright. However, if the code has been slightly changed by a human, it can be copyrighted again. I think.

No, a court did not declare that. The case involved a person trying to register a work with only the AI system listed as author. The Supreme Court decided that you can't do that, you need to list a human being as author to register a work with the Copyright Office. This stems from existing precedent where someone tried to register a photograph with the monkey photographer listed as author.

I don't believe the idea that humans can or can't claim copyright over AI-authored works has been tested. The Copyright Office says your prompt doesn't count and you need some human-authored element in the final work. We'll have to see.

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