> The ownership void: If the code is truly a “new” work created by a machine, it might technically be in the public domain the moment it’s generated, rendering the MIT license moot. Im struggling to see where this conclusion came from. To me it sounds like the AI-written work can not be coppywritten, and so its kind of like a copy pasting the original code. Copy pasting the original code doesnt make it public domain.…
Relicensing with AI-Assisted Rewrite
181–190 of 408 posts
Re: Relicensing with AI-Assisted Rewrite
#182Earlier quoted context omitted.
> It does not mean "as long as you never read the original code, whatever you write is yours" I think there is precedence that says exactly this - for example the BIOS rewrites for the IBM PC from people like Phoenix. And it would be trivial to instruct an LLM to prefer to use (say, in assembler) register C over register B wherever that was possible, resulting in different code.
Different but still derivative
Re: Relicensing with AI-Assisted Rewrite
#183Earlier quoted context omitted.
> You can't copyright those anymore (when written using AI), but you __can__ copyright the way they are put together. Sort of, but not really. Copyright usually applies to a specific work . You can copyright Harry Potter. But you can't copyright the general class of "Wizard boy goes to wizard school". Copyrights generally can't be applied to classes of works. Only one specific work. (Direct copies - eg made with a ph…
You have good points regarding how copyright works. > Software is usually obvious. Hardware and mechanical designs are usually described in CAD programs nowadays, so it comes pretty close to software; it's just that LLMs are not the right tool to "GenAI" them but I've seen plenty of these kinds of design that I know for sure that they are often not any less obvious than a lot of software. Treating software as "obviou…
If you clean-room copy it, I think it is different. Eg, first get one agent to make a complete spec of what the program does. And a list of all the correctness guarantees it meets. Then feed that spec into another AI model to generate a program which meets that spec.
The second program will not be based on any of the code in the first program. They'll be as different as any two implementations of the same idea are. I don't think the second program should be copyrighted. If it should, why shouldn't one C compiler should be able to own a copyright over all C compilers? Why doesn't the first JSON parsing library own JSON parsing? These seem the same to me. I don't see how AI models change anything, other than taking human effort out of the porting process.
Re: Relicensing with AI-Assisted Rewrite
#184This has the potential to kill open source, or at least the most restrictive licenses (GPL, AGPL, ...): if a license no longer protects software from unwanted use, the only possible strategy is to make the development closed source.
If you'd be willing to close source your "libre" open source project because somebody might do something you don't like with it, you never wanted a "libre" project.
Re: Relicensing with AI-Assisted Rewrite
#185Even copyright laws with provisions for machine learning were written when that meant tangential things like ranking algorithms or training of task-specific models that couldn't directly compete with all of their source material.
For code it also completely changes where the human-provided value is. Copyright protects specific expressions of an idea, but we can auto-generate the expressions now (and the LLM indirection messes up what "derived work" means). Protecting the ideas that guided the generation process is a much harder problem (we have patents for that and it's a mess).
It's also a strategic problem for GNU. GNU's goal isn't licensing per se, but giving users freedom to control their software. Licensing was just a clever tool that repurposed the copyright law to make the freedoms GNU wanted somewhat legally enforceable. When it's so easy to launder code's license now, it stops being an effective tool.
GNU's licensing strategy also depended on a scarcity of code (contribute to GCC, because writing a whole compiler from scratch is too hard). That hasn't worked well for a while due to permissive OSS already reducing scarcity, but gen AI is the final nail in the coffin.
Re: Relicensing with AI-Assisted Rewrite
#186I am pretty sure this article is predicated on a misunderstanding of what a "clean room" implementation means. It does not mean "as long as you never read the original code, whatever you write is yours". If you had a hermetically sealed code base that just happened to coincide line for line with the codebase for GCC, it would still be a copy. Traditionally, a human-driven clean room implementation would have a vanish…
Patent law is different and doesn't rely on information flow in the same way.
Re: Relicensing with AI-Assisted Rewrite
#187Earlier quoted context omitted.
Why settle on some private agreement between creators and ai companies where a tiny percentage is shared, let's just tax the hell out of AI companies and redistribute.
Because the authors of the original content deserve recompense for their work. That's what the whole copyright and patent regimes are designed to achieve. It's to encourage the creation of knowledge. US Constitution, Article I, section 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Re: Relicensing with AI-Assisted Rewrite
#188I think there are going to be a lot of these types of scenarios where the old way of doing things just doesn't hold.
Re: Relicensing with AI-Assisted Rewrite
#189Does this argument make sense? Even before LLMs, a developer could "rewrite this in a different style" and release it under a different license. Why are LLMs a new element in this argument?
Re: Relicensing with AI-Assisted Rewrite
#190> Any developer could take a GPL-licensed project, feed it into an LLM with the prompt “Rewrite this in a different style,” and release it under MIT Does this argument make sense? Even before LLMs, a developer could "rewrite this in a different style" and release it under a different license. Why are LLMs a new element in this argument?