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491 points todsacerdoti | 1 comments | | HN request time: 0.203s | source
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benlivengood ◴[] No.44383064[source]
Open source and libre/free software are particularly vulnerable to a future where AI-generated code is ruled to be either infringing or public domain.

In the former case, disentangling AI-edits from human edits could tie a project up in legal proceedings for years and projects don't have any funding to fight a copyright suit. Specifically, code that is AI-generated and subsequently modified or incorporated in the rest of the code would raise the question of whether subsequent human edits were non-fair-use derivative works.

In the latter case the license restrictions no longer apply to portions of the codebase raising similar issues from derived code; a project that is only 98% OSS/FS licensed suddenly has much less leverage in takedowns to companies abusing the license terms; having to prove that infringers are definitely using the human-generated and licensed code.

Proprietary software is only mildly harmed in either case; it would require speculative copyright owners to disassemble their binaries and try to make the case that AI-generated code infringed without being able to see the codebase itself. And plenty of proprietary software has public domain code in it already.

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graemep ◴[] No.44385229[source]
Proprietary source code would not usually end up training LLMs. Unless its leaked, how would an LLM have access to it?

> it would require speculative copyright owners to disassemble their binaries

I wonder whether AI might be a useful tool for making that easier.

If you have evidence then you can get courts to order disclosure or examination of code.

> And plenty of proprietary software has public domain code in it already.

I am pretty sure there is a significant amount of proprietary code that has FOSS code in it, against license terms (especially GPL and similar).

A lot of proprietary code is now been written using AIs trained on FOSS code, and companies are open about this. It might open an interesting can of worms.

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1. pmlnr ◴[] No.44386080[source]
Licence incompatibility is enough.