Live data from Hacker News

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

writings.hongminhee.org

111–120 of 623 posts

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

#111
post #64

Earlier quoted context omitted.

The article is poorly written. Blanchard was a chardet maintainer for years. Of course he had looked at it's code! What he claimed, and what was interesting, was that Claude didn't look at the code, only the API and the test suite. The new implementation is all Claude. And the implementation is different enough to be considered original, completely different structure, design, and hey, a 48x improvement in performanc…

did he claim that Claude wasn't trained on the original? Or just that he didn't personally provide Claude with a copy?

I recon the latter, how would he know what was in Claude's training data?

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

#112

> 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 Mi…

> Blanchard is, of course, familiar with the source code, he's been its maintainer for years. I would argue it's irrelevant if they looked or didn't look at the code. As well as weather he was or wasn't familiar with it. What matters is, that they feed to original code into a tool which they setup to make a copy of it. How that tool works doesn't really matter. Neither does it make a difference if you obfuscate that…

> If it isn't "just" a tool, then it did engage in copyright infringement

Copyright infringement is a thing humans do. It's not a human.

Just like how the photos taken by a monkey with a camera have no copyright. Human law binds humans.

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

#113
post #20
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…

> LLM as the main weapon LLM's - to date - seem to require massive capital expenditures to have the highest quality ones, which is a monumental shift in power towards mega corporations and away from the world of open source where you could do innovative work on your own computer running Linux or FreeBSD or some other open OS. I don't think that's an exciting idea for the Free Software Foundation. Perhaps with time we…

Is massive capital expenditure not also required to enforce the GPL? If some company steals your GPLed code and doesn't follow the license, you will have to sue them and somebody will have to pay the lawyers.

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

#114

Earlier quoted context omitted.

if the actual text of the code isn't the same or obviously derivative, copyright doesn't apply at all.

What does derivative mean here? Because IMO it means that the existing work was used as input. So if you used a LLM and it was trained on the existing work, that's a derivative work. If you rot13 encode something as input, so you can't personally read it, and then a device decides to rot13 on it again and output it, that's a derivative work.

> Because IMO it means that the existing work was used as input

That's your opinion (since you said "IMO"), not the actual legal definition.

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

#115
post #82
post #64

Earlier quoted context omitted.

The article is poorly written. Blanchard was a chardet maintainer for years. Of course he had looked at it's code! What he claimed, and what was interesting, was that Claude didn't look at the code, only the API and the test suite. The new implementation is all Claude. And the implementation is different enough to be considered original, completely different structure, design, and hey, a 48x improvement in performanc…

> What he claimed, and what was interesting, was that Claude didn't look at the code Who opened the PR? Who co-authored the commits? It's clearly on Github. > Blanchard was a chardet maintainer for years. Of course he had looked at its code! So there you have it. If he looked, he co-authored then there's that.

If I put my signature on Picasso painting, it doesn't make me co-author of said painting.

Blanchard is very clear that he didn't write a single line of code. He isn't an author, he isn't a co-author.

Signing GitHub commit doesn't change that.

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

#117

Earlier quoted context omitted.

What does derivative mean here? Because IMO it means that the existing work was used as input. So if you used a LLM and it was trained on the existing work, that's a derivative work. If you rot13 encode something as input, so you can't personally read it, and then a device decides to rot13 on it again and output it, that's a derivative work.

LLMs do not encode nor encrypt their training data. The fact they can recite training data is a defect not a default. You can understand this more simply by calculating the model size as an inverse of a fantasy compression algorithm that is 50% better than SOTA. You'll find you'd still be missing 80-90% of the training data even if it were as much of a stochastic parrot as you may be implying. The outputs of AI are n…

> This is Google v Oracle all over again - are APIs copyrightable?

Yes this is the best way to ask the question. If I take a public facing API and reimplement everything, whether it's by human or machine, it should be sufficient. After all, that's what Google did, and it's not like their engineers never read a single line of the Java source code. Even in "clean room" implementations, a human might still have remembered or recalled a previous implementation of some function they had encountered before.

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

#118

Earlier quoted context omitted.

I just don't see how it's relevant whether he did look or didn't. In my opinion, it's not just legally valid to make a re-implementation of something if you've seen the code as long as it doesn't copy expressive elements. I think it's also ethically fine as well to use source code as a reference for re-implementing something as long as it doesn't turn into an exact translation.

It's actually not legally fine, or at least it's extremely dangerous. Projects that re-implement APIs presented by extremely litigious companies specifically do not allow people who, for instance, have seen the proprietary source code to then work on the project.

My understanding is that that is a maximalist position for the avoidance of risk, and is sufficient but probably not necessary.

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

#119

Earlier quoted context omitted.

> Blanchard is, of course, familiar with the source code, he's been its maintainer for years. I would argue it's irrelevant if they looked or didn't look at the code. As well as weather he was or wasn't familiar with it. What matters is, that they feed to original code into a tool which they setup to make a copy of it. How that tool works doesn't really matter. Neither does it make a difference if you obfuscate that…

> If it isn't "just" a tool, then it did engage in copyright infringement Copyright infringement is a thing humans do. It's not a human. Just like how the photos taken by a monkey with a camera have no copyright. Human law binds humans.

Correct. The human who shares the copy is the one who engages in copyright infringement.

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

#120

> 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 Mi…

What if we said that generative AI output is simply not copyrightable. Anything an AI spits out would automatically be public domain, except in cases where the output directly infringes the rights of an existing work. This would make it so relicensing with AI rewrites is essentially impossible unless your goal is to transition the work to be truly public domain. I think this also helps somewhat with the ethical quand…

We did in fact say so.

https://www.carltonfields.com/insights/publications/2025/no-...

> No Copyright Protection for AI-Assisted Creations: Thaler v. Perlmutter

> A recent key judicial development on this topic occurred when the U.S. Supreme Court declined to review the case of Thaler v. Perlmutter on March 2, 2026, effectively upholding lower court rulings that AI-generated works lacking human authorship are not eligible for copyright protection under U.S. law

Post reply on HN