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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

    Shrug. Here's a tip - when you put up a para like this one: "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."

    - I can make the observation you're being a Chicken Little. You guaranteed it.

    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
    schrieb zuletzt editiert von
    #23

    @tuban_muzuru The guarantee is that the parts of the codebase that aren't written by humans are not called out. You can read into the rest however you like.

    tuban_muzuru@beige.partyT 1 Antwort Letzte Antwort
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    • jamie@zomglol.wtfJ jamie@zomglol.wtf

      @tuban_muzuru The guarantee is that the parts of the codebase that aren't written by humans are not called out. You can read into the rest however you like.

      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
      schrieb zuletzt editiert von
      #24

      @jamie

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

      jamie@zomglol.wtfJ lispi314@udongein.xyzL 2 Antworten Letzte Antwort
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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
        schrieb zuletzt editiert von
        #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 Antwort Letzte Antwort
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        • 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
          schrieb zuletzt editiert von
          #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 Antworten Letzte Antwort
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          • 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
            schrieb zuletzt editiert von
            #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 Antwort Letzte Antwort
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            • 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
              schrieb zuletzt editiert von
              #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 Antwort Letzte Antwort
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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

                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
                schrieb zuletzt editiert von
                #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 Antwort Letzte Antwort
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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

                  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
                  schrieb zuletzt editiert von
                  #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 Antwort Letzte Antwort
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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

                    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
                    schrieb zuletzt editiert von
                    #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 Antwort Letzte Antwort
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                    • 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
                      schrieb zuletzt editiert von
                      #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 Antwort Letzte Antwort
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                      • 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
                        schrieb zuletzt editiert von
                        #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 Antwort Letzte Antwort
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                        • 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
                          schrieb zuletzt editiert von
                          #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.

                          https://zomglol.wtf/@jamie/116059593870764508

                          1 Antwort Letzte Antwort
                          0
                          • skorpy@chaos.socialS skorpy@chaos.social 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

                            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
                            schrieb zuletzt editiert von
                            #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 Antwort Letzte Antwort
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                            • 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
                              schrieb zuletzt editiert von
                              #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 Antwort Letzte Antwort
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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
                                schrieb zuletzt editiert von
                                #37

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

                                xgranade@wandering.shopX 1 Antwort Letzte Antwort
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                                • aeva@mastodon.gamedev.placeA aeva@mastodon.gamedev.place

                                  @SnoopJ @jamie i think the point is this is a possible interpretation 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
                                  schrieb zuletzt editiert von
                                  #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 Antwort Letzte Antwort
                                  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

                                    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
                                    schrieb zuletzt editiert von
                                    #39

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

                                    jamie@zomglol.wtfJ 1 Antwort Letzte Antwort
                                    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
                                      schrieb zuletzt editiert von
                                      #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 Antwort Letzte Antwort
                                      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

                                        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
                                        schrieb zuletzt editiert von
                                        #41

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

                                        jamie@zomglol.wtfJ 1 Antwort Letzte Antwort
                                        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
                                          schrieb zuletzt editiert von
                                          #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 Antwort Letzte Antwort
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