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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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  • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

    @jamie

    .... how can you distinguish between 'em?

    jamie@zomglol.wtfJ This user is from outside of this forum
    jamie@zomglol.wtfJ This user is from outside of this forum
    jamie@zomglol.wtf
    wrote last edited by
    #25

    @tuban_muzuru You came into my mentions with guns blazing, so you'll have to forgive me if I don't consider that to be an honest question.

    tuban_muzuru@beige.partyT 1 Reply Last reply
    0
    • jamie@zomglol.wtfJ jamie@zomglol.wtf

      @tuban_muzuru You came into my mentions with guns blazing, so you'll have to forgive me if I don't consider that to be an honest question.

      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
      #26

      @jamie

      Stop whining. You and about seventy zillion terrified sheep running around here bleating about the Terrible AI monster under the bed.

      jamie@zomglol.wtfJ atax1a@infosec.exchangeA loddite@floofy.techL rick@tinnies.clubR cancel@merveilles.townC 5 Replies Last reply
      0
      • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

        @jamie

        Stop whining. You and about seventy zillion terrified sheep running around here bleating about the Terrible AI monster under the bed.

        jamie@zomglol.wtfJ This user is from outside of this forum
        jamie@zomglol.wtfJ This user is from outside of this forum
        jamie@zomglol.wtf
        wrote last edited by
        #27

        @tuban_muzuru Buddy, you're the only one that's been whining this whole time. Whining about what I said, whining about "get a Claude subscription".

        I was literally talking about "I'm gonna have popcorn ready". I don't know how you read fear from that.

        It seems more like you feel attacked because someone criticized AI. You've been the only one alarmed in this whole thread.

        jaredwhite@indieweb.socialJ 1 Reply Last reply
        0
        • jamie@zomglol.wtfJ jamie@zomglol.wtf

          FWIW I'm not a lawyer and I'm not recommending that you do this. 😄 Even if companies have no legal standing on copyright, their legal team will try it. It *will* cost you money.

          But man, oh man, I'm gonna have popcorn ready for when someone inevitably pulls this move.

          emma@orbital.horseE This user is from outside of this forum
          emma@orbital.horseE This user is from outside of this forum
          emma@orbital.horse
          wrote last edited by
          #28

          @jamie the corporations own the Supreme Court of the US who will cheerfully make up new law out of whatever Clarence Thomas shat that morning.

          jamie@zomglol.wtfJ 1 Reply Last reply
          0
          • 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
            dancingtreefrog@mastodon.socialD This user is from outside of this forum
            dancingtreefrog@mastodon.socialD This user is from outside of this forum
            dancingtreefrog@mastodon.social
            wrote last edited by
            #29

            @jamie And Microsoft executives keep bragging about how much Windows code is being written by AIs?

            Count me as one person NOT AT ALL interested in Windows, regardless of any copyright status.

            1 Reply Last reply
            0
            • 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
              leeloo@chaosfem.twL This user is from outside of this forum
              leeloo@chaosfem.twL This user is from outside of this forum
              leeloo@chaosfem.tw
              wrote last edited by
              #30

              @jamie
              That doesn't sound quite right. The code "AI" generates are stolen from other people, presumably they still have their copyright.

              Also, even if we pretend that it is actually generated by a machine, so is the output of a compiler. Is Microsoft Office in the public domain, because the executable was generated by a compiler?

              jamie@zomglol.wtfJ 1 Reply Last reply
              0
              • 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
                macronaut@mas.toM This user is from outside of this forum
                macronaut@mas.toM This user is from outside of this forum
                macronaut@mas.to
                wrote last edited by
                #31

                @jamie 🤔 Microslop, allegedly, vibe coded up to 30% of the Windows 11 codebase using genAI. Theoretically anyone working for Microslop with access to the codebase can upload the whole codebase without recourse?

                jamie@zomglol.wtfJ 1 Reply Last reply
                0
                • emma@orbital.horseE emma@orbital.horse

                  @jamie the corporations own the Supreme Court of the US who will cheerfully make up new law out of whatever Clarence Thomas shat that morning.

                  jamie@zomglol.wtfJ This user is from outside of this forum
                  jamie@zomglol.wtfJ This user is from outside of this forum
                  jamie@zomglol.wtf
                  wrote last edited by
                  #32

                  @emma Oh yeah, shit's gonna get weird for a while and I think a lot of legislation going in during this administration as well as recent SCOTUS cases will need to be revisited. Ideally after also instituting laws around conflicts of interest with government officials that don't carve out exceptions for, oh I dunno, members of Congress, for example.

                  Basically, I want the different branches of the government to fight each other again rather than the different parties.

                  emma@orbital.horseE 1 Reply Last reply
                  0
                  • leeloo@chaosfem.twL leeloo@chaosfem.tw

                    @jamie
                    That doesn't sound quite right. The code "AI" generates are stolen from other people, presumably they still have their copyright.

                    Also, even if we pretend that it is actually generated by a machine, so is the output of a compiler. Is Microsoft Office in the public domain, because the executable was generated by a compiler?

                    jamie@zomglol.wtfJ This user is from outside of this forum
                    jamie@zomglol.wtfJ This user is from outside of this forum
                    jamie@zomglol.wtf
                    wrote last edited by
                    #33

                    @leeloo Last I heard, the holders of the copyrights on the material that the LLMs are trained on are being told to get fucked.

                    The class action lawsuit that Anthropic lost was decided not because they trained their models on stolen copyrighted material, but because they stored copies of that material to keep training their models on. My understanding is that it was the storage specifically that violated copyright and that, if they'd deleted that data they'd have been legally clear.

                    leeloo@chaosfem.twL 1 Reply Last reply
                    0
                    • macronaut@mas.toM macronaut@mas.to

                      @jamie 🤔 Microslop, allegedly, vibe coded up to 30% of the Windows 11 codebase using genAI. Theoretically anyone working for Microslop with access to the codebase can upload the whole codebase without recourse?

                      jamie@zomglol.wtfJ This user is from outside of this forum
                      jamie@zomglol.wtfJ This user is from outside of this forum
                      jamie@zomglol.wtf
                      wrote last edited by
                      #34

                      @macronaut Possibly. The next two posts in the thread have a little more detail on my understanding of the current state of affairs there.

                      Jamie Gaskins (@jamie@zomglol.wtf)

                      FWIW I'm not a lawyer and I'm not recommending that you do this. 😄 Even if companies have no legal standing on copyright, their legal team will try it. It *will* cost you money. But man, oh man, I'm gonna have popcorn ready for when someone inevitably pulls this move.

                      favicon

                      zomglol (zomglol.wtf)

                      1 Reply Last reply
                      0
                      • R relay@relay.mycrowd.ca shared this topic
                      • 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
                        snoopj@hachyderm.ioS This user is from outside of this forum
                        snoopj@hachyderm.ioS This user is from outside of this forum
                        snoopj@hachyderm.io
                        wrote last edited by
                        #35

                        @jamie @aeva I suspect that courts would not be favorable to this reading, and would buy the (bullshit, IMO) argument that sufficient human interaction with the code "heals" the copyrightability of the result, and more importantly that they would not press the applicant to show much work when it comes to "sufficient" (that is, I suspect many judges would accept "I edited the code at all" as meeting the sufficiency criterion)

                        but we're only going to find out if and when it's tested. The Copyright Office is doing the best they can do and making it clear that they won't let "AI" waste their time with copyright registrations (which are not required to legally protect a work, they're just paperwork really)

                        aeva@mastodon.gamedev.placeA 1 Reply Last reply
                        0
                        • jamie@zomglol.wtfJ jamie@zomglol.wtf

                          @leeloo Last I heard, the holders of the copyrights on the material that the LLMs are trained on are being told to get fucked.

                          The class action lawsuit that Anthropic lost was decided not because they trained their models on stolen copyrighted material, but because they stored copies of that material to keep training their models on. My understanding is that it was the storage specifically that violated copyright and that, if they'd deleted that data they'd have been legally clear.

                          leeloo@chaosfem.twL This user is from outside of this forum
                          leeloo@chaosfem.twL This user is from outside of this forum
                          leeloo@chaosfem.tw
                          wrote last edited by
                          #36

                          @jamie
                          Well, someone still needs to decide at some point whether to abolish copyright or start enforcing it again, and at that point it could become a huge problem for anyone who has incorporated stolen code into their code base.

                          jamie@zomglol.wtfJ 1 Reply Last reply
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                          • snoopj@hachyderm.ioS snoopj@hachyderm.io

                            @jamie @aeva I suspect that courts would not be favorable to this reading, and would buy the (bullshit, IMO) argument that sufficient human interaction with the code "heals" the copyrightability of the result, and more importantly that they would not press the applicant to show much work when it comes to "sufficient" (that is, I suspect many judges would accept "I edited the code at all" as meeting the sufficiency criterion)

                            but we're only going to find out if and when it's tested. The Copyright Office is doing the best they can do and making it clear that they won't let "AI" waste their time with copyright registrations (which are not required to legally protect a work, they're just paperwork really)

                            aeva@mastodon.gamedev.placeA This user is from outside of this forum
                            aeva@mastodon.gamedev.placeA This user is from outside of this forum
                            aeva@mastodon.gamedev.place
                            wrote last edited by
                            #37

                            @SnoopJ @jamie i think the point is this is a possible that has precedence already

                            xgranade@wandering.shopX 1 Reply Last reply
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                            • R relay@relay.an.exchange shared this topic
                            • aeva@mastodon.gamedev.placeA aeva@mastodon.gamedev.place

                              @SnoopJ @jamie i think the point is this is a possible that has precedence already

                              xgranade@wandering.shopX This user is from outside of this forum
                              xgranade@wandering.shopX This user is from outside of this forum
                              xgranade@wandering.shop
                              wrote last edited by
                              #38

                              @SnoopJ @jamie @aeva That was my read as well. IANAL, but my lay understanding was that even if the courts eventually don't act favorably towards an argument, that it exists and has precedent is enough to create legal risk?

                              snoopj@hachyderm.ioS 1 Reply Last reply
                              0
                              • R relay@relay.publicsquare.global shared this topic
                              • 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
                                c0dec0dec0de@hachyderm.ioC This user is from outside of this forum
                                c0dec0dec0de@hachyderm.ioC This user is from outside of this forum
                                c0dec0dec0de@hachyderm.io
                                wrote last edited by
                                #39

                                @jamie I wonder if that’ll kill the use of “AI” at work

                                jamie@zomglol.wtfJ 1 Reply Last reply
                                0
                                • xgranade@wandering.shopX xgranade@wandering.shop

                                  @SnoopJ @jamie @aeva That was my read as well. IANAL, but my lay understanding was that even if the courts eventually don't act favorably towards an argument, that it exists and has precedent is enough to create legal risk?

                                  snoopj@hachyderm.ioS This user is from outside of this forum
                                  snoopj@hachyderm.ioS This user is from outside of this forum
                                  snoopj@hachyderm.io
                                  wrote last edited by
                                  #40

                                  @xgranade @jamie @aeva I think it's a much stronger case for the example rejected registrations that they show on the next page, which are exclusively about copyrightability of images.

                                  It's largely legally untested AFAICT but based on how eagerly US courts have swallowed up the fair-use arguments of the vendors of these models, I don't have a lot of faith they would play hard-ball with a litigant who has code that has been established to have been generated, but who argues sufficiency from a "trust me, bro" perspective. (IANAL either, of course)

                                  I would *love* to be wrong about that though, and I'm glad that the Copyright Office has drawn a clear line in the sand on the general matter (and wish more people in tech had read either the publications themselves, or this CRS summary of same)

                                  aeva@mastodon.gamedev.placeA 1 Reply Last reply
                                  0
                                  • 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
                                    ulveon@derg.socialU This user is from outside of this forum
                                    ulveon@derg.socialU This user is from outside of this forum
                                    ulveon@derg.social
                                    wrote last edited by
                                    #41

                                    @jamie@zomglol.wtf and how do you know if something is AI?

                                    jamie@zomglol.wtfJ 1 Reply Last reply
                                    0
                                    • snoopj@hachyderm.ioS snoopj@hachyderm.io

                                      @xgranade @jamie @aeva I think it's a much stronger case for the example rejected registrations that they show on the next page, which are exclusively about copyrightability of images.

                                      It's largely legally untested AFAICT but based on how eagerly US courts have swallowed up the fair-use arguments of the vendors of these models, I don't have a lot of faith they would play hard-ball with a litigant who has code that has been established to have been generated, but who argues sufficiency from a "trust me, bro" perspective. (IANAL either, of course)

                                      I would *love* to be wrong about that though, and I'm glad that the Copyright Office has drawn a clear line in the sand on the general matter (and wish more people in tech had read either the publications themselves, or this CRS summary of same)

                                      aeva@mastodon.gamedev.placeA This user is from outside of this forum
                                      aeva@mastodon.gamedev.placeA This user is from outside of this forum
                                      aeva@mastodon.gamedev.place
                                      wrote last edited by
                                      #42

                                      @SnoopJ @xgranade @jamie ok, but i refuse to retract my pointing at the screen and nelson-from-the-simpsons-laugh that the original post inspired

                                      snoopj@hachyderm.ioS 1 Reply Last reply
                                      0
                                      • jamie@zomglol.wtfJ jamie@zomglol.wtf

                                        @emma Oh yeah, shit's gonna get weird for a while and I think a lot of legislation going in during this administration as well as recent SCOTUS cases will need to be revisited. Ideally after also instituting laws around conflicts of interest with government officials that don't carve out exceptions for, oh I dunno, members of Congress, for example.

                                        Basically, I want the different branches of the government to fight each other again rather than the different parties.

                                        emma@orbital.horseE This user is from outside of this forum
                                        emma@orbital.horseE This user is from outside of this forum
                                        emma@orbital.horse
                                        wrote last edited by
                                        #43

                                        @jamie the US needs a new constitution, but the right wingers, the religious gooners, and the billionaires should have no say in it.

                                        1 Reply Last reply
                                        0
                                        • aeva@mastodon.gamedev.placeA aeva@mastodon.gamedev.place

                                          @SnoopJ @xgranade @jamie ok, but i refuse to retract my pointing at the screen and nelson-from-the-simpsons-laugh that the original post inspired

                                          snoopj@hachyderm.ioS This user is from outside of this forum
                                          snoopj@hachyderm.ioS This user is from outside of this forum
                                          snoopj@hachyderm.io
                                          wrote last edited by
                                          #44

                                          @aeva @xgranade @jamie agreed, you can have my HAW-HAW when you pry it from my cold dead throat

                                          1 Reply Last reply
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