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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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    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

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          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

                favicon

                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
                          taschenorakel@mastodon.greenT This user is from outside of this forum
                          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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