If you use AI-generated code, you currently cannot claim copyright on it in the US.
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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
@stroughtonsmith Is this relevant? I honestly don’t know a ton about this but I’m curious if you have thoughts on it…
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@stroughtonsmith Is this relevant? I honestly don’t know a ton about this but I’m curious if you have thoughts on it…
@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
Mastodon (mastodon.social)
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@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
Mastodon (mastodon.social)
@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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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
@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_.
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@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)@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.
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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
@jamie Just waiting for someone finding derivates of their own GPL code in propritary AI generated code...
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@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.
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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
@jamie so proprietary projects that are made with llms can be leaked legally since there's no copyright for it ?
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