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  3. If you use AI-generated code, you currently cannot claim copyright on it in the US.

If you use AI-generated code, you currently cannot claim copyright on it in the US.

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  • jamie@zomglol.wtfJ jamie@zomglol.wtf

    If you use AI-generated code, you currently cannot claim copyright on it in the US. If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*.

    This means copyright notices and even licenses folks are putting on their vibe-coded GitHub repos are unenforceable. The AI-generated code, and possibly the whole project, becomes public domain.

    Source: https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

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    chrst@lethallava.landC This user is from outside of this forum
    chrst@lethallava.landC This user is from outside of this forum
    chrst@lethallava.land
    wrote last edited by
    #129

    @jamie@zomglol.wtf Fantastic read – thanks for sharing!

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    • jamie@zomglol.wtfJ jamie@zomglol.wtf

      If you use AI-generated code, you currently cannot claim copyright on it in the US. If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*.

      This means copyright notices and even licenses folks are putting on their vibe-coded GitHub repos are unenforceable. The AI-generated code, and possibly the whole project, becomes public domain.

      Source: https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

      Link Preview ImageLink Preview Image
      lapizistik@social.tchncs.deL This user is from outside of this forum
      lapizistik@social.tchncs.deL This user is from outside of this forum
      lapizistik@social.tchncs.de
      wrote last edited by
      #130

      @jamie

      Additionally, AI generated code can be a copyright infringement if the AI basically generated a copy of some copyrighted code. And if we consider that AI is trained on lots of GPLed code there is a high probability it will generate code that would need to be licensed accordingly.

      There is no clean room implementation of anything with AI. The code is immediately tainted.

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      • jamie@zomglol.wtfJ jamie@zomglol.wtf

        If you use AI-generated code, you currently cannot claim copyright on it in the US. If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*.

        This means copyright notices and even licenses folks are putting on their vibe-coded GitHub repos are unenforceable. The AI-generated code, and possibly the whole project, becomes public domain.

        Source: https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

        Link Preview ImageLink Preview Image
        remilia@social.cyberia9.orgR This user is from outside of this forum
        remilia@social.cyberia9.orgR This user is from outside of this forum
        remilia@social.cyberia9.org
        wrote last edited by
        #131

        @jamie@zomglol.wtf brb forking Windows

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        • jamie@zomglol.wtfJ jamie@zomglol.wtf

          If you use AI-generated code, you currently cannot claim copyright on it in the US. If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*.

          This means copyright notices and even licenses folks are putting on their vibe-coded GitHub repos are unenforceable. The AI-generated code, and possibly the whole project, becomes public domain.

          Source: https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

          Link Preview ImageLink Preview Image
          tobyjaffey@mastodon.me.ukT This user is from outside of this forum
          tobyjaffey@mastodon.me.ukT This user is from outside of this forum
          tobyjaffey@mastodon.me.uk
          wrote last edited by
          #132

          @jamie So, AI agents will need to hire humans to clean-room reimplement vibecoded projects?
          What a time to be alive! #ReverseCentaur

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          • donaldball@triangletoot.partyD donaldball@triangletoot.party

            @tuban_muzuru You conduct yourself like a real asshole.

            tuban_muzuru@beige.partyT This user is from outside of this forum
            tuban_muzuru@beige.partyT This user is from outside of this forum
            tuban_muzuru@beige.party
            wrote last edited by
            #133

            @donaldball

            Tell me it ain't so, all this hoop-de-doo about how AI gonna take yer jerbs.

            Worry not and take ol' TM's evergreen advice: the machines will always handle the rules and the humans will handle the exceptions.

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            • jamie@zomglol.wtfJ jamie@zomglol.wtf

              If you use AI-generated code, you currently cannot claim copyright on it in the US. If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*.

              This means copyright notices and even licenses folks are putting on their vibe-coded GitHub repos are unenforceable. The AI-generated code, and possibly the whole project, becomes public domain.

              Source: https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

              Link Preview ImageLink Preview Image
              sjjh@hachyderm.ioS This user is from outside of this forum
              sjjh@hachyderm.ioS This user is from outside of this forum
              sjjh@hachyderm.io
              wrote last edited by
              #134

              @jamie Maybe this would also be a problem for somebody that is publishing code with an Open Source license. If you don't have copyright on your vibe code, you can't license it, right?
              Feels like it could lead to conflicts like the Google vs Oracle Java debacle. Nobody wants that.

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              • katrinatransfem@mastodon.socialK katrinatransfem@mastodon.social

                @Azuaron @fsinn @jamie But, they don't have a licence to use the training material, and the act of gathering that material is mass copyright infringement.

                azuaron@cyberpunk.lolA This user is from outside of this forum
                azuaron@cyberpunk.lolA This user is from outside of this forum
                azuaron@cyberpunk.lol
                wrote last edited by
                #135

                @katrinatransfem @fsinn @jamie If the material is acquired legally, they don't need a specific "license" to use it as training material. Copyright holders don't get to determine how their work is used after it's acquired, except to prevent its distribution.

                Now, for the even larger than normal scumbags like Anthropic and Meta that torrented millions of books, that's certainly a problem. But Google, for instance, actually bought all the books they scanned.

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                • jaredwhite@indieweb.socialJ jaredwhite@indieweb.social

                  @jamie The funny thing about this whole thread is apparently I'd already blocked that guy some time ago, so I'm only seeing your side of the conversation. And…that's all I need to know anyway. 😅

                  firepoet@tech.lgbtF This user is from outside of this forum
                  firepoet@tech.lgbtF This user is from outside of this forum
                  firepoet@tech.lgbt
                  wrote last edited by
                  #136

                  @jaredwhite @jamie Thanks for the tip for another hateful person to block.

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                  • jamie@zomglol.wtfJ jamie@zomglol.wtf

                    If you use AI-generated code, you currently cannot claim copyright on it in the US. If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*.

                    This means copyright notices and even licenses folks are putting on their vibe-coded GitHub repos are unenforceable. The AI-generated code, and possibly the whole project, becomes public domain.

                    Source: https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

                    Link Preview ImageLink Preview Image
                    verxion@mas.toV This user is from outside of this forum
                    verxion@mas.toV This user is from outside of this forum
                    verxion@mas.to
                    wrote last edited by
                    #137

                    @stroughtonsmith Is this relevant? I honestly don’t know a ton about this but I’m curious if you have thoughts on it…

                    stroughtonsmith@mastodon.socialS 1 Reply Last reply
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                    • jmcs@social.jsantos.euJ jmcs@social.jsantos.eu

                      @jamie @Azuaron @fsinn exactly, if law looked only at the content in disk and didn't consider intent then things would become silly very fast. An encrypted copy of Disney's latest movie also doesn't contain the movie by itself, and that never stopped Disney lawyers.

                      ptesarik@infosec.exchangeP This user is from outside of this forum
                      ptesarik@infosec.exchangeP This user is from outside of this forum
                      ptesarik@infosec.exchange
                      wrote last edited by
                      #138

                      @jmcs the only trouble is that you can't use AI to produce Disney-style movies; if you could, AI would have long been dead
                      @jamie @Azuaron @fsinn

                      jmcs@social.jsantos.euJ 1 Reply Last reply
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                      • verxion@mas.toV verxion@mas.to

                        @stroughtonsmith Is this relevant? I honestly don’t know a ton about this but I’m curious if you have thoughts on it…

                        stroughtonsmith@mastodon.socialS This user is from outside of this forum
                        stroughtonsmith@mastodon.socialS This user is from outside of this forum
                        stroughtonsmith@mastodon.social
                        wrote last edited by
                        #139

                        @Verxion I think this is probably right:

                        Nick Lockwood (@nicklockwood@mastodon.social)

                        People pontificating about whether codebases containing LLM-generated code are subject to IP protection all seem to be forgetting the key point that the law always sides with capital When big media decided that pirating an mp3 file should be a criminal (not civil) offence, the law sided with them When big tech decided that pirating every piece of media on the internet for AI training was fair use, the law sided with them

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                        verxion@mas.toV 1 Reply Last reply
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                        • stroughtonsmith@mastodon.socialS stroughtonsmith@mastodon.social

                          @Verxion I think this is probably right:

                          Nick Lockwood (@nicklockwood@mastodon.social)

                          People pontificating about whether codebases containing LLM-generated code are subject to IP protection all seem to be forgetting the key point that the law always sides with capital When big media decided that pirating an mp3 file should be a criminal (not civil) offence, the law sided with them When big tech decided that pirating every piece of media on the internet for AI training was fair use, the law sided with them

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                          Mastodon (mastodon.social)

                          verxion@mas.toV This user is from outside of this forum
                          verxion@mas.toV This user is from outside of this forum
                          verxion@mas.to
                          wrote last edited by
                          #140

                          @stroughtonsmith I think that’s fair. I seriously do and so I’m not disagreeing with you.

                          …the sad thing though (to me anyway) is that this means an indie dev is unlikely to be able to afford to retain ownership like a large corporation can. 😞

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                          • jamie@zomglol.wtfJ jamie@zomglol.wtf

                            If you use AI-generated code, you currently cannot claim copyright on it in the US. If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*.

                            This means copyright notices and even licenses folks are putting on their vibe-coded GitHub repos are unenforceable. The AI-generated code, and possibly the whole project, becomes public domain.

                            Source: https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

                            Link Preview ImageLink Preview Image
                            jik@federate.socialJ This user is from outside of this forum
                            jik@federate.socialJ This user is from outside of this forum
                            jik@federate.social
                            wrote last edited by
                            #141

                            @jamie I am afraid you are confusing registering copyright with the existence of copyright. They are not quite the same, and the differences are important.
                            Current law is that any human-created work is automatically copyrighted the moment it is created.
                            The link and screenshots you posted aren't about whether the human-written code mixed in with AI-written code is copyrighted—it is—they're about whether the copyright can be _registered_.
                            (1/2)

                            jik@federate.socialJ 1 Reply Last reply
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                            • jik@federate.socialJ jik@federate.social

                              @jamie I am afraid you are confusing registering copyright with the existence of copyright. They are not quite the same, and the differences are important.
                              Current law is that any human-created work is automatically copyrighted the moment it is created.
                              The link and screenshots you posted aren't about whether the human-written code mixed in with AI-written code is copyrighted—it is—they're about whether the copyright can be _registered_.
                              (1/2)

                              jik@federate.socialJ This user is from outside of this forum
                              jik@federate.socialJ This user is from outside of this forum
                              jik@federate.social
                              wrote last edited by
                              #142

                              @jamie A copyrighted work that isn't registered is still copyrighted. It's not "in the public domain."
                              Registration, in the U.S., allows for certain copyright enforcement actions that can't be taken for unregistered works. But whether or not a work is registered has no bearing on whether it is copyrighted vs. in the public domain.
                              (2/2)

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                              • ptesarik@infosec.exchangeP ptesarik@infosec.exchange

                                @jmcs the only trouble is that you can't use AI to produce Disney-style movies; if you could, AI would have long been dead
                                @jamie @Azuaron @fsinn

                                jmcs@social.jsantos.euJ This user is from outside of this forum
                                jmcs@social.jsantos.euJ This user is from outside of this forum
                                jmcs@social.jsantos.eu
                                wrote last edited by
                                #143

                                @ptesarik @jamie @Azuaron @fsinn is that a challenge?

                                ptesarik@infosec.exchangeP 1 Reply Last reply
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                                • jmcs@social.jsantos.euJ jmcs@social.jsantos.eu

                                  @ptesarik @jamie @Azuaron @fsinn is that a challenge?

                                  ptesarik@infosec.exchangeP This user is from outside of this forum
                                  ptesarik@infosec.exchangeP This user is from outside of this forum
                                  ptesarik@infosec.exchange
                                  wrote last edited by
                                  #144

                                  @jmcs you bet!
                                  @jamie @Azuaron @fsinn

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                                  • jamie@zomglol.wtfJ jamie@zomglol.wtf

                                    If you use AI-generated code, you currently cannot claim copyright on it in the US. If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*.

                                    This means copyright notices and even licenses folks are putting on their vibe-coded GitHub repos are unenforceable. The AI-generated code, and possibly the whole project, becomes public domain.

                                    Source: https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

                                    Link Preview ImageLink Preview Image
                                    taschenorakel@mastodon.greenT This user is from outside of this forum
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                                    taschenorakel@mastodon.green
                                    wrote last edited by
                                    #145

                                    @jamie Just waiting for someone finding derivates of their own GPL code in propritary AI generated code...

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                                    • fsinn@mas.toF fsinn@mas.to

                                      @jamie I *am* an IP lawyer and I (along with many others) have been saying it for a while, that if the position the “AI” co’s are taking with respect to the legality of scraping “publicly available” materials were true (that all “publicly available” materials are “public domain” free to be used as raw materials without consent required), then copyright ceases to exist and all their own materials will be free for everyone else to use the very first time they’re leaked. That’ll be fun for the co.

                                      pettter@social.accum.seP This user is from outside of this forum
                                      pettter@social.accum.seP This user is from outside of this forum
                                      pettter@social.accum.se
                                      wrote last edited by
                                      #146

                                      @fsinn I am in general in favour of "copyright ceases to exist" tbh since that is in practise the case for most individuals. @jamie

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                                      • jamie@zomglol.wtfJ jamie@zomglol.wtf

                                        If you use AI-generated code, you currently cannot claim copyright on it in the US. If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*.

                                        This means copyright notices and even licenses folks are putting on their vibe-coded GitHub repos are unenforceable. The AI-generated code, and possibly the whole project, becomes public domain.

                                        Source: https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

                                        Link Preview ImageLink Preview Image
                                        srazkvt@tech.lgbtS This user is from outside of this forum
                                        srazkvt@tech.lgbtS This user is from outside of this forum
                                        srazkvt@tech.lgbt
                                        wrote last edited by
                                        #147

                                        @jamie so proprietary projects that are made with llms can be leaked legally since there's no copyright for it ?

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