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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 GaskinsJ Jamie Gaskins

    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

    Toby JaffeyT This user is from outside of this forum
    Toby JaffeyT This user is from outside of this forum
    Toby Jaffey
    wrote last edited by
    #138

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

    1 Reply Last reply
    0
    • Donald BallD Donald Ball

      @tuban_muzuru You conduct yourself like a real asshole.

      tuban_muzuruT This user is from outside of this forum
      tuban_muzuruT This user is from outside of this forum
      tuban_muzuru
      wrote last edited by
      #139

      @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.

      1 Reply Last reply
      0
      • Jamie GaskinsJ Jamie Gaskins

        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

        Gentleman ProgrammerS This user is from outside of this forum
        Gentleman ProgrammerS This user is from outside of this forum
        Gentleman Programmer
        wrote last edited by
        #140

        @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.

        1 Reply Last reply
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        • katrinaK katrina

          @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.

          AzuaronA This user is from outside of this forum
          AzuaronA This user is from outside of this forum
          Azuaron
          wrote last edited by
          #141

          @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.

          Jeff GriggJ 1 Reply Last reply
          0
          • Jared White (ResistanceNet ✊)J Jared White (ResistanceNet ✊)

            @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. 😅

            Stephen 🌈 (he/him)F This user is from outside of this forum
            Stephen 🌈 (he/him)F This user is from outside of this forum
            Stephen 🌈 (he/him)
            wrote last edited by
            #142

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

            1 Reply Last reply
            0
            • Jamie GaskinsJ Jamie Gaskins

              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

              Joe ChottV This user is from outside of this forum
              Joe ChottV This user is from outside of this forum
              Joe Chott
              wrote last edited by
              #143

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

              Steve Troughton-SmithS 1 Reply Last reply
              0
              • João SantosJ João Santos

                @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.

                Petr TesaříkP This user is from outside of this forum
                Petr TesaříkP This user is from outside of this forum
                Petr Tesařík
                wrote last edited by
                #144

                @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

                João SantosJ 1 Reply Last reply
                0
                • Joe ChottV Joe Chott

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

                  Steve Troughton-SmithS This user is from outside of this forum
                  Steve Troughton-SmithS This user is from outside of this forum
                  Steve Troughton-Smith
                  wrote last edited by
                  #145

                  @Verxion I think this is probably right:

                  https://mastodon.social/@nicklockwood/116062400215125888

                  Joe ChottV 1 Reply Last reply
                  0
                  • Steve Troughton-SmithS Steve Troughton-Smith

                    @Verxion I think this is probably right:

                    https://mastodon.social/@nicklockwood/116062400215125888

                    Joe ChottV This user is from outside of this forum
                    Joe ChottV This user is from outside of this forum
                    Joe Chott
                    wrote last edited by
                    #146

                    @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. 😞

                    1 Reply Last reply
                    0
                    • Jamie GaskinsJ Jamie Gaskins

                      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

                      Jonathan Kamens 86 47J This user is from outside of this forum
                      Jonathan Kamens 86 47J This user is from outside of this forum
                      Jonathan Kamens 86 47
                      wrote last edited by
                      #147

                      @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)

                      Jonathan Kamens 86 47J 1 Reply Last reply
                      0
                      • Jonathan Kamens 86 47J Jonathan Kamens 86 47

                        @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)

                        Jonathan Kamens 86 47J This user is from outside of this forum
                        Jonathan Kamens 86 47J This user is from outside of this forum
                        Jonathan Kamens 86 47
                        wrote last edited by
                        #148

                        @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)

                        Jamie GaskinsJ 1 Reply Last reply
                        0
                        • Petr TesaříkP Petr Tesařík

                          @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

                          João SantosJ This user is from outside of this forum
                          João SantosJ This user is from outside of this forum
                          João Santos
                          wrote last edited by
                          #149

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

                          Petr TesaříkP 1 Reply Last reply
                          0
                          • João SantosJ João Santos

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

                            Petr TesaříkP This user is from outside of this forum
                            Petr TesaříkP This user is from outside of this forum
                            Petr Tesařík
                            wrote last edited by
                            #150

                            @jmcs you bet!
                            @jamie @Azuaron @fsinn

                            Jeff GriggJ 1 Reply Last reply
                            0
                            • Jamie GaskinsJ Jamie Gaskins

                              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

                              Mathias HasselmannT This user is from outside of this forum
                              Mathias HasselmannT This user is from outside of this forum
                              Mathias Hasselmann
                              wrote last edited by
                              #151

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

                              1 Reply Last reply
                              0
                              • Jamie GaskinsJ Jamie Gaskins

                                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

                                sarah tonin :wlfBlep:S This user is from outside of this forum
                                sarah tonin :wlfBlep:S This user is from outside of this forum
                                sarah tonin :wlfBlep:
                                wrote last edited by
                                #152

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

                                Jamie GaskinsJ 1 Reply Last reply
                                0
                                • Christian SchwägerlC Christian Schwägerl

                                  @jamie @Azuaron @fsinn It's like saying sausages are vegan as long as they do not contain visible body parts.

                                  ❣️a standard deviantifa +/- gravyM This user is from outside of this forum
                                  ❣️a standard deviantifa +/- gravyM This user is from outside of this forum
                                  ❣️a standard deviantifa +/- gravy
                                  wrote last edited by
                                  #153

                                  @christianschwaegerl
                                  maybe more like, sausages are vegan because an animal ate a vegan diet and then used those plant-based calories to grow it's animal body which was then packaged into a sausage.

                                  very vegan ; )

                                  @jamie @Azuaron @fsinn

                                  1 Reply Last reply
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                                  • AzuaronA Azuaron

                                    @fsinn @jamie My understanding was that training an AI model on copyrighted work was fair use, because the actual "distribution"--when the AI generates something from a prompt--uses a diminimus amount of copyrighted content from an individual work, except if the user explicitly prompted something like, "Give me Homer Simpson surfing a space orca," at which point the AI company would throw the user all the way under the bus.

                                    tux0r :openbsd:T This user is from outside of this forum
                                    tux0r :openbsd:T This user is from outside of this forum
                                    tux0r :openbsd:
                                    wrote last edited by
                                    #154

                                    @Azuaron @fsinn @jamie Adding to this ambiguity, many countries like Germany have established neither Fair Use nor Public Domain as legal terms, so I wonder how “international” a rule like this would even be.

                                    1 Reply Last reply
                                    0
                                    • Christian SchwägerlC Christian Schwägerl

                                      @jamie @Azuaron @fsinn It's like saying sausages are vegan as long as they do not contain visible body parts.

                                      Jeff GriggJ This user is from outside of this forum
                                      Jeff GriggJ This user is from outside of this forum
                                      Jeff Grigg
                                      wrote last edited by
                                      #155

                                      @christianschwaegerl @jamie @Azuaron @fsinn

                                      Yes. Any "direct quoting" of copyrighted works, as text files on a disk, for example, would > only be a bunch of numbers < too. ASCI, Unicode, UTF-8, etc. are ways of encoding text into numbers, and displaying text representations (glyphs) of them later.

                                      So LLMs hold "indirect" and maybe "abstract" (or not) numbers related to the copyrighted works. Not sure how that will or should work out, from a legal perspective.

                                      AzuaronA 1 Reply Last reply
                                      0
                                      • Petr TesaříkP Petr Tesařík

                                        @jmcs you bet!
                                        @jamie @Azuaron @fsinn

                                        Jeff GriggJ This user is from outside of this forum
                                        Jeff GriggJ This user is from outside of this forum
                                        Jeff Grigg
                                        wrote last edited by
                                        #156

                                        @ptesarik @jmcs @jamie @Azuaron @fsinn

                                        Challenge?
                                        It's already history.

                                        Disney has decided to license such usage, involving money, rather than fight it in court:

                                        https://www.youtube.com/watch?v=4nXJ0h3iU-M

                                        1 Reply Last reply
                                        0
                                        • AzuaronA Azuaron

                                          @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.

                                          Jeff GriggJ This user is from outside of this forum
                                          Jeff GriggJ This user is from outside of this forum
                                          Jeff Grigg
                                          wrote last edited by
                                          #157

                                          @Azuaron @katrinatransfem @fsinn @jamie

                                          I think that the careless, abusive, and harmful "gathering" practices need to be challenged as misuse of other's computing resources and the "distributed denial of service attacks" that they, in effect, are.

                                          1 Reply Last reply
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