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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

#131
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.

Public domain code is GPL compatible

Re: AI assistance when contributing to the Linux kernel

#132
post #105

Earlier quoted context omitted.

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 th…

I’m curious to see if subscription vs free ends up mattering here. If it is a work for hire, generally it doesn’t matter how the work was produced, the end result is mine, because I contracted and instructed (prompted?) someone to do it for me. So will the copyright office decide it cares if I paid for the AI tool explicitly?

Re: AI assistance when contributing to the Linux kernel

#133
post #105

Earlier quoted context omitted.

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 th…

It's almost a certainty that you can't copyright code that was generated entirely by an AI.

Copyright requires some amount of human originality. You could copyright the prompt, and if you modify the generated code you can claim copyright on your modifications.

The closest applicable case would be the monkey selfie.

https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput...

Re: AI assistance when contributing to the Linux kernel

#134
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?

This is a good point but I'd take it in the opposite direction from the implication, we should document which tools were used in general, it'd be a neat indicator of what people use.

Re: AI assistance when contributing to the Linux kernel

#135
post #37

Earlier quoted context omitted.

> Surely the person doing so would be responsible for doing so, but are they doing anything wrong? You're perfectly at liberty to relicense public domain code if you wish. The only thing you can't do is enforce the new license against people who obtain the code independently - either from the same source you did, or from a different source that doesn't carry your license.

This is correct, and it's not limited to code. I can take the story of Cinderella, create something new out of it, copyright my new work, but Cinderella remains public domain for someone else to do something with. If I use public domain code in a project under a license, the whole work remains under the license, but not the public domain code. I'm not sure what the hullabaloo is about.

If someone else uses your exact same prompt to generate the exact same code, can you claim copyright infringement against them? If the output is possible to copyright, then you could claim their prompt is infringement (just like if it reproduced Harry Potter). If it isn’t copyrightable, then the kernel would not have legal standing to enforce the GPL on those lines of code against any future AI reproduction of them. The developers might need to show that the code is licensed under GPL and only GPL, otherwise there is the possibility the same original contributor (eg the AI) did permit the copy. The GPL is an imposed restriction on what the kernel can legally do with any code contributions. That seems legally complicated for some projects—probably not the kernel with the large amount of pre-AI code, but maybe it spells trouble for smaller newer projects if they want to sue over infringement. IANAL.

Re: AI assistance when contributing to the Linux kernel

#136
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.

I agree this is very sane and boring. What is insane is that they have to state this in the first place.

I am not against AI coding in general. But there are too many people "contributing" AI generated code to open source projects even when they can't understand what's going on in their code just so they can say in their resumes that they contributed to a big open source project once. And when the maintainer call them out they just blame it on the AI coding tools they are using as if they are not opening PRs under their own names. I can't blame any open source maintainer for being at least a little sceptical when it comes to AI generated contributions.

Re: AI assistance when contributing to the Linux kernel

#138

Earlier quoted context omitted.

> 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. Anth…

> The Moral Bottomline: if you didn't have to eat, would you care about who copies your work as long as you get credited? Yes. I have 2 issues with "post-scarcity": - It often implicitly assumes humanity is one homogeneous group where this state applies to everyone. In reality, if post-scarcity is possible, some people will be lucky enough to have the means to live that lifestyle while others will still by dying of h…

> In reality, if post-scarcity is possible, some people will be lucky enough to have the means to live that lifestyle while others will still by dying of hunger, exposure and preventable diseases.

By definition, that's not a post-scarcity world; and that's already today's world.

> It often ignores that some people are OK with having enough while others have a need to have more than others, no matter how much they already have.

Do you think that's genetic, or environmental? Either way, maybe it will have been trained out of the kids.

> it has also been used by people who actively enjoy hurting others, who have caused measurable harm

Taxes work the same way too. "The Good Place" explores these second-order and higher-order effects in a surprisingly nuanced fashion.

Control over the actions of others, you have not. Keep you from your work, let them not.

> What I want is a strongly pro-social license - you can use or build on top of my work only if you fulfill criteria I specify such as being a net social good

These are all things necessary in a society with scarcity. Will they be needed in a post-scarcity society that has presumably solved all disorder that has its roots in scarcity?

> With LLMs, I have stopped writing public code at all because the way I see it, it just makes people much richer than me even richer at a much faster rate than I can ever achieve myself.

Yes, the futility of our actions can be infuriating, disheartening, and debilitating. Comes to mind the story about the chap that was tossing washed-ashore starfish one by one. There were thousands. When asked why do this futile task - can't throw them all back- he answered as he threw the next ones: it matters to this one, it matters to this one, ...

Hopefully, your code helped someone. That's a good enough reason to do it.

Re: AI assistance when contributing to the Linux kernel

#139
post #112
post #105

Earlier quoted context omitted.

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.

Thaler v. Perlmutter said that an AI system cannot be listed as the sole author of a work - copyright requires a human author. US Copyright Office guidance in 2023 said work created with the help of AI can be registered as long as there is "sufficient human creative input". I don't believe that has ever been qualified with respect to code, but my instinct is that the way most people use coding agents (especially for…

Interesting. That seems to suggest that one would need to retain the prompts in order to pursue copyright claims if a defendant can cast enough doubt on human authorship.

Though I guess such a suit is unlikely if the defendant could just AI wash the work in the first place.

Re: AI assistance when contributing to the Linux kernel

#140
post #94

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…

>AIs are not human and therefore their output is a human authored contribution and only human authored things are covered by copyright. That is a non sequitur. Also, I'm not sure if copyright applies to humans, or persons (not that I have encountered particularly creative corporations, but Taranaki Maunga has been known for large scale decorative works)

Copyright applies to legal persons, that's why corporations can have copyright at all.
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