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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

    garyG This user is from outside of this forum
    garyG This user is from outside of this forum
    gary
    wrote last edited by
    #45

    @jamie china is the main producer of models with open weights, open source ai, china is pushing the evolution of ai forward - what's next? probably 10x compute for smb sector

    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

      Celeste Ryder ๐Ÿพ ๐Ÿ€๐Ÿณ๏ธโ€๐ŸŒˆB This user is from outside of this forum
      Celeste Ryder ๐Ÿพ ๐Ÿ€๐Ÿณ๏ธโ€๐ŸŒˆB This user is from outside of this forum
      Celeste Ryder ๐Ÿพ ๐Ÿ€๐Ÿณ๏ธโ€๐ŸŒˆ
      wrote last edited by
      #46

      @jamie soโ€ฆ Windows is now fair game?

      Jamie GaskinsJ 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

        LฮžX/Nร˜Vฮ› ๐Ÿ‡ช๐Ÿ‡บL This user is from outside of this forum
        LฮžX/Nร˜Vฮ› ๐Ÿ‡ช๐Ÿ‡บL This user is from outside of this forum
        LฮžX/Nร˜Vฮ› ๐Ÿ‡ช๐Ÿ‡บ
        wrote last edited by
        #47

        @jamie in the US, outside of the US exist, and when i don't like AI, until other country rules AI code is not copyrightable ... it remain copyrightable on the whole world BUT US.

        so not it does not automatically become public domain

        (And again i'm against AI).

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

          FWIW I'm not a lawyer and I'm not recommending that you do this. ๐Ÿ˜„ 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.

          Francisca SinnF This user is from outside of this forum
          Francisca SinnF This user is from outside of this forum
          Francisca Sinn
          wrote last edited by
          #48

          @jamie I *am* an IP lawyer and I (along with many others) have been saying it for a while, that if the position the โ€œAIโ€ coโ€™s are taking with respect to the legality of scraping โ€œpublicly availableโ€ materials were true (that all โ€œpublicly availableโ€ materials are โ€œpublic domainโ€ 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 theyโ€™re leaked. Thatโ€™ll be fun for the co.

          Jamie GaskinsJ Max L.M your auntifa liza ๐Ÿ‡ต๐Ÿ‡ท  ๐Ÿฆ› ๐ŸฆฆB AzuaronA Christian SchwรคgerlC 6 Replies 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

            saxnotS This user is from outside of this forum
            saxnotS This user is from outside of this forum
            saxnot
            wrote last edited by
            #49

            @jamie where does it say "the entire codebase"?
            I reas it exactly opposite.

            Copyright on own contributions

            Jamie GaskinsJ 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

              BagsM This user is from outside of this forum
              BagsM This user is from outside of this forum
              Bags
              wrote last edited by
              #50

              @jamie win win for the creatives and for slop-craft

              1 Reply Last reply
              0
              • tuban_muzuruT tuban_muzuru

                @jamie

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

                mx alex tax1a - 2020 (6)A This user is from outside of this forum
                mx alex tax1a - 2020 (6)A This user is from outside of this forum
                mx alex tax1a - 2020 (6)
                wrote last edited by
                #51

                @tuban_muzuru i hope you write a program some day

                @jamie

                Jamie GaskinsJ 1 Reply Last reply
                0
                • tuban_muzuruT tuban_muzuru

                  @jamie

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

                  lodditeL This user is from outside of this forum
                  lodditeL This user is from outside of this forum
                  loddite
                  wrote last edited by
                  #52

                  @tuban_muzuru @jamie stop fighting! cant you see youre tearing us apart!!!

                  1 Reply Last reply
                  0
                  • Jamie GaskinsJ Jamie Gaskins

                    It'll be interesting to see what happens when a company pisses off an employee to the point where that person creates a public repo containing all the company's AI-generated code. I guarantee what's AI-generated and what's human-written isn't called out anywhere in the code, meaning the entire codebase becomes public domain.

                    While the company may have recourse based on the employment agreement (which varies in enforceability by state), I doubt there'd be any on the basis of copyright.

                    ็‹ใƒดใ‚ฃใ‚ฏใ‚ทใƒผK This user is from outside of this forum
                    ็‹ใƒดใ‚ฃใ‚ฏใ‚ทใƒผK This user is from outside of this forum
                    ็‹ใƒดใ‚ฃใ‚ฏใ‚ทใƒผ
                    wrote last edited by
                    #53

                    @jamie@zomglol.wtf Anthropic claims Claude coded the current version of Claude.

                    1 Reply Last reply
                    0
                    • Donald BallD This user is from outside of this forum
                      Donald BallD This user is from outside of this forum
                      Donald Ball
                      wrote last edited by
                      #54

                      @tuban_muzuru You conduct yourself like a real asshole.

                      tuban_muzuruT 1 Reply Last reply
                      0
                      • LeelooL Leeloo

                        @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 GaskinsJ This user is from outside of this forum
                        Jamie GaskinsJ This user is from outside of this forum
                        Jamie Gaskins
                        wrote last edited by
                        #55

                        @leeloo Strong agree!

                        1 Reply Last reply
                        0
                        • 0xC0DEC0DE07EAC 0xC0DEC0DE07EA

                          @jamie I wonder if thatโ€™ll kill the use of โ€œAIโ€ at work

                          Jamie GaskinsJ This user is from outside of this forum
                          Jamie GaskinsJ This user is from outside of this forum
                          Jamie Gaskins
                          wrote last edited by
                          #56

                          @c0dec0dec0de I'm honestly surprised that startups take on this risk.

                          0xC0DEC0DE07EAC 1 Reply Last reply
                          0
                          • ulveon.net (on derg.social)U ulveon.net (on derg.social)

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

                            Jamie GaskinsJ This user is from outside of this forum
                            Jamie GaskinsJ This user is from outside of this forum
                            Jamie Gaskins
                            wrote last edited by
                            #57

                            @ulveon In the scenario I mentioned further down the thread where someone posts a company's code on a public git repo, they'll testify to that in court.

                            I have no doubt that companies will try to claim everything is artisanal, organic, ethically sourced, locally grown

                            For repos that are already public, that's a different topic and that code gets appropriated without attribution all the time as it is. I'm more interested in how this will impact risk factors in for-profit software development.

                            1 Reply Last reply
                            0
                            • Celeste Ryder ๐Ÿพ ๐Ÿ€๐Ÿณ๏ธโ€๐ŸŒˆB Celeste Ryder ๐Ÿพ ๐Ÿ€๐Ÿณ๏ธโ€๐ŸŒˆ

                              @jamie soโ€ฆ Windows is now fair game?

                              Jamie GaskinsJ This user is from outside of this forum
                              Jamie GaskinsJ This user is from outside of this forum
                              Jamie Gaskins
                              wrote last edited by
                              #58

                              @bougiewonderland It would be some poetic justice for a company that stole the whole idea of a GUI and talked down about OSS for decades to lose their copyright and for that GUI to become public domain explicitly because they couldn't come up with a way to comply with copyright law.

                              1 Reply Last reply
                              0
                              • LฮžX/Nร˜Vฮ› ๐Ÿ‡ช๐Ÿ‡บL LฮžX/Nร˜Vฮ› ๐Ÿ‡ช๐Ÿ‡บ

                                @jamie in the US, outside of the US exist, and when i don't like AI, until other country rules AI code is not copyrightable ... it remain copyrightable on the whole world BUT US.

                                so not it does not automatically become public domain

                                (And again i'm against AI).

                                Jamie GaskinsJ This user is from outside of this forum
                                Jamie GaskinsJ This user is from outside of this forum
                                Jamie Gaskins
                                wrote last edited by
                                #59

                                @lexinova Yeah, my take is very much US-centric because it's the only jurisdiction I'm familiar with.

                                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

                                  Eli Roberson (he/him)T This user is from outside of this forum
                                  Eli Roberson (he/him)T This user is from outside of this forum
                                  Eli Roberson (he/him)
                                  wrote last edited by
                                  #60

                                  @jamie that's interesting. So I guess #Windows11 will be public domain soon.

                                  Dan WS 1 Reply Last reply
                                  0
                                  • saxnotS saxnot

                                    @jamie where does it say "the entire codebase"?
                                    I reas it exactly opposite.

                                    Copyright on own contributions

                                    Jamie GaskinsJ This user is from outside of this forum
                                    Jamie GaskinsJ This user is from outside of this forum
                                    Jamie Gaskins
                                    wrote last edited by
                                    #61

                                    @saxnot In the second screenshot, second bullet point. AFAICT, if you don't disclaim the parts of the work generated by AI, copyright cannot be assigned for the entire work.

                                    The link in that bullet point goes here: https://www.copyright.gov/rulings-filings/review-board/docs/Theatre-Dopera-Spatial.pdf

                                    1 Reply Last reply
                                    0
                                    • mx alex tax1a - 2020 (6)A mx alex tax1a - 2020 (6)

                                      @tuban_muzuru i hope you write a program some day

                                      @jamie

                                      Jamie GaskinsJ This user is from outside of this forum
                                      Jamie GaskinsJ This user is from outside of this forum
                                      Jamie Gaskins
                                      wrote last edited by
                                      #62

                                      @atax1a This is the most incredible clapback I've seen all day. Flawless. No notes.

                                      Cap E BaraC 1 Reply Last reply
                                      0
                                      • Jamie GaskinsJ Jamie Gaskins

                                        @c0dec0dec0de I'm honestly surprised that startups take on this risk.

                                        0xC0DEC0DE07EAC This user is from outside of this forum
                                        0xC0DEC0DE07EAC This user is from outside of this forum
                                        0xC0DEC0DE07EA
                                        wrote last edited by
                                        #63

                                        @jamie wait, the dates on these are 2023. I feel like I should forward to our legal department.

                                        1 Reply Last reply
                                        0
                                        • Francisca SinnF Francisca Sinn

                                          @jamie I *am* an IP lawyer and I (along with many others) have been saying it for a while, that if the position the โ€œAIโ€ coโ€™s are taking with respect to the legality of scraping โ€œpublicly availableโ€ materials were true (that all โ€œpublicly availableโ€ materials are โ€œpublic domainโ€ 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 theyโ€™re leaked. Thatโ€™ll be fun for the co.

                                          Jamie GaskinsJ This user is from outside of this forum
                                          Jamie GaskinsJ This user is from outside of this forum
                                          Jamie Gaskins
                                          wrote last edited by
                                          #64

                                          @fsinn This is amazing

                                          1 Reply Last reply
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