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AI and the Ship of Theseus

lucumr.pocoo.org

191–200 of 203 posts

Re: AI and the Ship of Theseus

#191

Earlier quoted context omitted.

We will need ... software patents!

No, lawyers will want software patents as that's the only group that would benefit from them, apart from large litigation-happy companies that want to squash any competition.

Not sure I can follow your reasoning. Wouldn't the developer of the software who got a patent for an invention embodied in the software she developed benefit as well?

Re: AI and the Ship of Theseus

#192

Earlier quoted context omitted.

No, lawyers will want software patents as that's the only group that would benefit from them, apart from large litigation-happy companies that want to squash any competition.

Not sure I can follow your reasoning. Wouldn't the developer of the software who got a patent for an invention embodied in the software she developed benefit as well?

Not if the developer is employed at the time as contracts will usually mean that the company owns the patents, even if the developer was working on their own time.

The bigger issue is patent abuse - file or buy a few poorly specified patents and then use them along with litigation to shut down competitors. This generally leads to bolstering the bigger companies at the expense of smaller companies due to the costs of litigation.

Basically, software patents can turn developing software into a minefield. It can end up that only people with access to legal departments will be able to sell software.

Re: AI and the Ship of Theseus

#193

> I personally think all of this is exciting. I’m a strong supporter of putting things in the open with as little license enforcement as possible. I think society is better off when we share, and I consider the GPL to run against that spirit by restricting what can be done with it. I like sharing too but could permissive only licenses not backfire? GPL emerged in an era where proprietary software ruled and companies…

Ronacher has a startup Earendil that markets itself as a non-profit like OpenAI. He appears with Austrian OpenClaw people. He is totally in on AI and that quote of his is self-serving. Can't we go back to flaming Unicode in Python?

i find his arguments on re-licensing blatantly AI-plagiarised libraries down to API compatibility confusing

they are arguments against any licence not just LGPL, I could literally plagiarise all his work, claim it's mine "clean-room" and not give him as much as a mention, by his own logic

and in his own words, he's "not interested" about the morality of it

odd

Re: AI and the Ship of Theseus

#194
I think the reimplementation in question rubs people the wrong way because of the intentions of parties on both ends and the ignoring of one of them by the other (erasure of, from some POV). The original author of the code obviously chose the license they did intentionally (copyleft "keep it open" reasons, seemingly). And the the rewrite author has their intentions as well (unknown beyond "less restrictions on derivative"). The problem comes when those intentions conflict, and in this case the rewrite author basically just ignored the usual convention to resolve the conflict, which is forking or just starting a new project. Claiming "I've maintained it for a while so I can do whatever I want" is kinda gross because is just completely overrides the original authors' intention with their own. They're basically saying "my intentions as maintainer are more important than the creator's", and that doesn't feel even. The "is it a real clean-room" due to prior exposure due to LLM training and working on the codebase is always going to be contentious. But "should I override erase someone else intentions?" question is easy to answer. No. Especially since we have come up with so many ways to make it easy not to (forking is practically free, the abstraction of APIs is powerful, etc).

It also just feels a little nefarious. There isn't much reason to change between those licenses in question beyond to allow it to be more tightly integrated into something commercial and closed-source. In which case, having an LLM write a compatible rewrite _in a new project_ seems reasonable at the current moment in time. It's this intentional overriding of the original intentions, seemingly _for profit_ as well, that is the grossest part, because the alternatives are just so easy and common.

Re: AI and the Ship of Theseus

#195

I think the reimplementation in question rubs people the wrong way because of the intentions of parties on both ends and the ignoring of one of them by the other (erasure of, from some POV). The original author of the code obviously chose the license they did intentionally (copyleft "keep it open" reasons, seemingly). And the the rewrite author has their intentions as well (unknown beyond "less restrictions on deriva…

If Theseus recreated the ship from the original plans but all new parts, created new plans, and then burned the original plans and original parts, it is the same ship? If yes, what if they (with some ship building magic) converted to the second one to have a completely open floor plan inside? Still the same ship?

Re: AI and the Ship of Theseus

#196

Earlier quoted context omitted.

I’m not saying it’s the only force. But if it wasn’t instrumental what’s your take on the cause of proprietary software dominating until relatively recently?

You certainly made the case that the GPL was the only force, or at least ignored the contribution of alternative licenses. I also wouldn't agree that proprietary software is in decline. There are niches where the OS, mobile apps, and games are almost entirely proprietary (and that is not changing any time soon). But the most damning problem is that all computer hardware now has multiple layers of subsystems with prop…

> You certainly made the case that the GPL was the only force

Nope.

Re: AI and the Ship of Theseus

#197

> For me personally, what is more interesting is that we might not even be able to copyright these creations at all. A court still might rule that all AI-generated code is in the public domain, because there was not enough human input in it. That’s quite possible, though probably not very likely. As I understand it, the US Supreme Court has just this week ruled exactly this. LLM output cannot be copyrighted, so the o…

> And if it can't be copyrighted that means it is in the public domain from the instant it was created and can't be licensed. I don't think this follows? If I vibe code something and never post it anywhere public, I can still license that code to a company and ask them to pay me for using the code? So as a corollary, the business model of providing software where you can choose either free (as in beer) and restrictiv…

If the code has been entirely a product of an LLM, you don't have copyright so you can't license it. Copyright is only applicable to human creativity, so you can only copyright the bit of the product that was created by a human. And all licensing derives from copyright.

There might be a path to this business model via Trade Secrets (you register your source code as a Trade Secret, and sell only binaries).

And, of course, you can still sell support as the paid-for service, which has worked for a lot of people.

Re: AI and the Ship of Theseus

#198
post #176

> For me personally, what is more interesting is that we might not even be able to copyright these creations at all. A court still might rule that all AI-generated code is in the public domain, because there was not enough human input in it. That’s quite possible, though probably not very likely. As I understand it, the US Supreme Court has just this week ruled exactly this. LLM output cannot be copyrighted, so the o…

Technically how will vibe code be identified? And how does one determine the level of human involvement that would make code copyrightable? What of the prompts? Are those copyrightable? What about the architectural and tactical design of the code if I do those myself? I don't vibe code; I am firmly in charge of the architecture and code style of my projects, and i frequently give detailed instructions to AI tools I u…

It's the courts' opinions that count. And they say that copyright only attaches to human creative work, and that does not include LLM output.

I can see there's going to be some huge court fights over this in the next ten years - there's no way some of the big media companies are going to be OK with their content being public domain, and no way are they going to just miss out on being able to produce it so cheaply with an LLM.

Re: AI and the Ship of Theseus

#199

Earlier quoted context omitted.

Copyright is positive law created by humans, not natural law that we happen to recognize. The idea that adopted legislation or established caselaw can be wrong about what copyright fundamentally is makes no sense.

Not what I'm saying - if you meet the technical, intentional definition of a process, substantiated by precedent, then the law should support any variation of the process which has those same technical features meeting the definition. Using AI as a tool to produce output, no matter how complex the underlying tool, should result in the authorship of the output being assigned to the user of the tool. If autocorrect in…

That's an opinion you have. But the opinion that matters is that of the judges and the various global copyright offices. And they all agree that if the creative work was all done by the tool, then no copyright applies. You can only copyright the creative work of humans.

How long they will agree this in the face of large media companies' lobbying efforts remains to be seen.

Re: AI and the Ship of Theseus

#200

> For me personally, what is more interesting is that we might not even be able to copyright these creations at all. A court still might rule that all AI-generated code is in the public domain, because there was not enough human input in it. That’s quite possible, though probably not very likely. As I understand it, the US Supreme Court has just this week ruled exactly this. LLM output cannot be copyrighted, so the o…

> As I understand it, the US Supreme Court has just this week ruled exactly this. LLM output cannot be copyrighted, so the only part of any piece of software that can be copyrighted is that part that was created by a human. Your understanding is incorrect. The case was about whether an LLM can be an author, and did not whether the person using it can be (which will be the case). https://news.ycombinator.com/item?id=4…

Cory Doctorow (and almost every other source I'd found online commenting on this) disagrees with you.

https://pluralistic.net/2026/03/03/its-a-trap-2/

Quoting from that post:

> At the core of the dispute is a bedrock of copyright law: that copyright is for humans, and humans alone. In legal/technical terms, "copyright inheres at the moment of fixation of a work of human creativity."

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