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  3. so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

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scotusawslopmicroslop
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  • bolomkxxviii@mastodon.socialB bolomkxxviii@mastodon.social

    @blogdiva
    Who the heck would want Microslop code???

    maypop_neocities@wetdry.worldM This user is from outside of this forum
    maypop_neocities@wetdry.worldM This user is from outside of this forum
    maypop_neocities@wetdry.world
    wrote sidst redigeret af
    #51

    @BoloMKXXVIII @blogdiva so much stuff still only works on microslop windows. if windows was open source it would be so fucking cool actually because then there could be an actually good version of it for people to use.

    1 Reply Last reply
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    • blogdiva@mastodon.socialB blogdiva@mastodon.social

      so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

      #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

      this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

      ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
      https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

      abmurrow@hachyderm.ioA This user is from outside of this forum
      abmurrow@hachyderm.ioA This user is from outside of this forum
      abmurrow@hachyderm.io
      wrote sidst redigeret af
      #52

      @blogdiva I'm ignorant in the language here. Does "decline to make a ruling" mean they don't want to step on anyone's toes, or they don't think there's a case?

      Could this rear its head again later?

      blogdiva@mastodon.socialB 1 Reply Last reply
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      • abmurrow@hachyderm.ioA abmurrow@hachyderm.io

        @blogdiva I'm ignorant in the language here. Does "decline to make a ruling" mean they don't want to step on anyone's toes, or they don't think there's a case?

        Could this rear its head again later?

        blogdiva@mastodon.socialB This user is from outside of this forum
        blogdiva@mastodon.socialB This user is from outside of this forum
        blogdiva@mastodon.social
        wrote sidst redigeret af
        #53

        IANAL and haven't check directly with the SCOTUS archives, but my understanding is that it can be both. could be clarified if any of the justices included a comment in the decision (sometimes they stickem in the footnotes, which is why it’s always good to follow up with the OP)

        @abmurrow

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        • sunguramy@flipping.rocksS sunguramy@flipping.rocks

          @blogdiva please forgive me, it's been a day, am I reading this correctly that essentially, anything AI/LLM made is not copyrightable and thus we can do whatever the heck we want with it and companies can't do shit about it? And since it has zero value (because it cannot be copyrighted)...this will lead (hopefully) to it's collapse. Thus...all this is good news...right? Or am I missing something? Please let this be good news...

          blogdiva@mastodon.socialB This user is from outside of this forum
          blogdiva@mastodon.socialB This user is from outside of this forum
          blogdiva@mastodon.social
          wrote sidst redigeret af
          #54

          i have to read the decision closely, but as it has been reported anything created with automata (aka AIslop) has no creative value.

          to SCOTUS, only humans have creativity. this is why animals cant get copyrights either. as defined by law, creativity is intrinsic to being human.

          in the case of AIslop, they're treating it as just a tool.

          imagine Microslop claiming copyright on your work cuz you used MSW or MSO?

          hence the decision.

          @sunguramy

          1 Reply Last reply
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          • blogdiva@mastodon.socialB This user is from outside of this forum
            blogdiva@mastodon.socialB This user is from outside of this forum
            blogdiva@mastodon.social
            wrote sidst redigeret af
            #55

            @geolaw not necessarily. am almost certain a paper just came out about how to reverse engineer a whole Gemini summary, to track down the sources plagiarized

            1 Reply Last reply
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            • ghostonthehalfshell@masto.aiG ghostonthehalfshell@masto.ai

              @blogdiva

              The big tech companies have created the most inefficient and expensive public library known to man.

              They’ve read that LLMs will happily reproduce an entire work of an author just basically copy pasting the book.

              Should work wonders asking one of these videos services to completely replicate down to the pixel whatever film we want

              wyatt_h_knott@vermont.masto.hostW This user is from outside of this forum
              wyatt_h_knott@vermont.masto.hostW This user is from outside of this forum
              wyatt_h_knott@vermont.masto.host
              wrote sidst redigeret af
              #56

              @GhostOnTheHalfShell @blogdiva It does... kinda. Go on youtube and search for an album that doesn't actually exist by an artist... it happened to me with james brown. I searched james brown full album and it happily gave me a james brown album with all the track names you would expect, a cover pic of james brown, and all the james brown songs, exact lyrics and music, just... not. It was super fucking creepy. Amazing how just changing his voice to an AI generated voice completely ruined it. 🙄

              nicovel0@mastodon.socialN 1 Reply Last reply
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              • not2b@sfba.socialN not2b@sfba.social

                @blogdiva Those rulings would probably only apply to the LLM generated parts; any real software product would be a mix of human-designed and AI generated parts, so it would presumably still have copyright protection. Now it is possible that a software product that is entirely "vibe coded" isn't copyrightable in the US, but currently those products suck too badly to be worth stealing.

                blogdiva@mastodon.socialB This user is from outside of this forum
                blogdiva@mastodon.socialB This user is from outside of this forum
                blogdiva@mastodon.social
                wrote sidst redigeret af
                #57

                ❝ any real software product would be a mix of human-designed and AI generated parts, so it would presumably still have copyright protection ❞

                no, not necessarily.

                IANAL but my impression is that they're extrapolating from measures used for determining plagiarism cases; along with case law involving FLOSS, the most famous the decades of Unix vs Linux battles.

                again, this isn't my bread and butter but the techbros involved should know better. the proprietary claimants famously lost.

                @not2b

                1 Reply Last reply
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                • blogdiva@mastodon.socialB blogdiva@mastodon.social

                  so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

                  #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

                  this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

                  ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
                  https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

                  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 sidst redigeret af
                  #58

                  @blogdiva Finally some good news!

                  1 Reply Last reply
                  0
                  • wyatt_h_knott@vermont.masto.hostW wyatt_h_knott@vermont.masto.host

                    @GhostOnTheHalfShell @blogdiva It does... kinda. Go on youtube and search for an album that doesn't actually exist by an artist... it happened to me with james brown. I searched james brown full album and it happily gave me a james brown album with all the track names you would expect, a cover pic of james brown, and all the james brown songs, exact lyrics and music, just... not. It was super fucking creepy. Amazing how just changing his voice to an AI generated voice completely ruined it. 🙄

                    nicovel0@mastodon.socialN This user is from outside of this forum
                    nicovel0@mastodon.socialN This user is from outside of this forum
                    nicovel0@mastodon.social
                    wrote sidst redigeret af
                    #59

                    @Wyatt_H_Knott @GhostOnTheHalfShell @blogdiva if nothing else this is just so fucking disrespectful to the artists

                    1 Reply Last reply
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                    • blogdiva@mastodon.socialB blogdiva@mastodon.social

                      so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

                      #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

                      this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

                      ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
                      https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

                      utf_7@mastodon.socialU This user is from outside of this forum
                      utf_7@mastodon.socialU This user is from outside of this forum
                      utf_7@mastodon.social
                      wrote sidst redigeret af
                      #60

                      @blogdiva the bad news are: just because they loose copyright or patenent (which they even don't have in europe by definition), it does not mean that suddenly the source code appears to public

                      1 Reply Last reply
                      0
                      • blogdiva@mastodon.socialB blogdiva@mastodon.social

                        so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

                        #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

                        this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

                        ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
                        https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

                        donelias@mastodon.crD This user is from outside of this forum
                        donelias@mastodon.crD This user is from outside of this forum
                        donelias@mastodon.cr
                        wrote sidst redigeret af
                        #61

                        @blogdiva

                        They said: Microsoft loves Open source

                        1 Reply Last reply
                        0
                        • not2b@sfba.socialN not2b@sfba.social

                          @blogdiva Those rulings would probably only apply to the LLM generated parts; any real software product would be a mix of human-designed and AI generated parts, so it would presumably still have copyright protection. Now it is possible that a software product that is entirely "vibe coded" isn't copyrightable in the US, but currently those products suck too badly to be worth stealing.

                          fluffykittycat@furry.engineerF This user is from outside of this forum
                          fluffykittycat@furry.engineerF This user is from outside of this forum
                          fluffykittycat@furry.engineer
                          wrote sidst redigeret af
                          #62

                          @not2b @blogdiva the question is, how much human coding is required to make vibe code copyrightable? A single line? Meaningful modification to function? High level architecture with vibe coded boilerplate only?

                          1 Reply Last reply
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                          • not2b@sfba.socialN not2b@sfba.social

                            @blogdiva Those rulings would probably only apply to the LLM generated parts; any real software product would be a mix of human-designed and AI generated parts, so it would presumably still have copyright protection. Now it is possible that a software product that is entirely "vibe coded" isn't copyrightable in the US, but currently those products suck too badly to be worth stealing.

                            T This user is from outside of this forum
                            T This user is from outside of this forum
                            tkissing@mastodon.social
                            wrote sidst redigeret af
                            #63

                            @not2b @blogdiva Nobody is tracking which line of code is generated by AI vs written by a human. So any changes made since a company adopted AI as a coding tool are at least at risk here.

                            1 Reply Last reply
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                            • drsaucy@sfba.socialD drsaucy@sfba.social

                              @elduvelle I've no problem & I'm quite certain my reply was to your sophomoric response to the OP.

                              elduvelle@neuromatch.socialE This user is from outside of this forum
                              elduvelle@neuromatch.socialE This user is from outside of this forum
                              elduvelle@neuromatch.social
                              wrote sidst redigeret af
                              #64

                              @DrSaucy that doesn't explain what you didn't like in my answer, but ok

                              1 Reply Last reply
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                              • S spacelifeform@infosec.exchange

                                @blogdiva

                                If an AI/LLM reverse engineers the Windows codebase, and publishes the results, is this a Copyright violation?

                                What if Copilot does this? Is it a contract violation?

                                Did Copilot sign a NDA?

                                #CopyRight #AI #Insanity

                                marjolica@social.linux.pizzaM This user is from outside of this forum
                                marjolica@social.linux.pizzaM This user is from outside of this forum
                                marjolica@social.linux.pizza
                                wrote sidst redigeret af
                                #65

                                @SpaceLifeForm @blogdiva well since these days MS seems to be updating the Windows codebase using vibe coding then none of it is copyright anyway.

                                1 Reply Last reply
                                0
                                • blogdiva@mastodon.socialB blogdiva@mastodon.social

                                  so 3 courts + US Copyright Office say you cannot copyright nor patent anything made primarily with LLMs because automata aren't human.

                                  #SCOTUS won't review these rules because copyright is meant to protect human creations, not software or automata.

                                  this may mean #AWSlop #Microslop are “de-copyrighting” & “de-patenting” their own proprietary software as they let automata “code” 🧐

                                  ❝ AI-generated art can’t be copyrighted after Supreme Court declines to review the rule
                                  https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

                                  javerous@social.sourcemac.comJ This user is from outside of this forum
                                  javerous@social.sourcemac.comJ This user is from outside of this forum
                                  javerous@social.sourcemac.com
                                  wrote sidst redigeret af
                                  #66

                                  @blogdiva @baldur It's hard to make the distinction here

                                  > The US federal circuit court similarly determined that AI systems can’t patent inventions because they aren’t human, which the US Patent Office reaffirmed in 2024 with new guidance, stating that while AI systems can’t be listed as inventors on a patent, people can still use AI-powered tools to develop them.

                                  I wonder how judges are going to judge that… (I guess it's a bit the Ship of Theseus problem ?)

                                  javerous@social.sourcemac.comJ 1 Reply Last reply
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                                  • javerous@social.sourcemac.comJ javerous@social.sourcemac.com

                                    @blogdiva @baldur It's hard to make the distinction here

                                    > The US federal circuit court similarly determined that AI systems can’t patent inventions because they aren’t human, which the US Patent Office reaffirmed in 2024 with new guidance, stating that while AI systems can’t be listed as inventors on a patent, people can still use AI-powered tools to develop them.

                                    I wonder how judges are going to judge that… (I guess it's a bit the Ship of Theseus problem ?)

                                    javerous@social.sourcemac.comJ This user is from outside of this forum
                                    javerous@social.sourcemac.comJ This user is from outside of this forum
                                    javerous@social.sourcemac.com
                                    wrote sidst redigeret af
                                    #67

                                    @blogdiva @baldur (i.e. what proportion of the "invention" or the "art" needs to be from a human being to be considered an human creation vs. an AI “creation”)

                                    baldur@toot.cafeB 1 Reply Last reply
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                                    • javerous@social.sourcemac.comJ javerous@social.sourcemac.com

                                      @blogdiva @baldur (i.e. what proportion of the "invention" or the "art" needs to be from a human being to be considered an human creation vs. an AI “creation”)

                                      baldur@toot.cafeB This user is from outside of this forum
                                      baldur@toot.cafeB This user is from outside of this forum
                                      baldur@toot.cafe
                                      wrote sidst redigeret af
                                      #68

                                      @javerous @blogdiva Considering the judges only come into it when there's a legal issue—something that leads to a challenge in court—they don't need to answer this question in the abstract but tackle it based on the evidence brought before them by the lawyers arguing the case.

                                      So, things like emails, process documentation, marketing, etc. They don't need to address it as a philosophical question

                                      1 Reply Last reply
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                                      • blogdiva@mastodon.socialB blogdiva@mastodon.social

                                        hence the use of US, as in UNITED STATES 🙄

                                        @DarkRedman

                                        wyatt_h_knott@vermont.masto.hostW This user is from outside of this forum
                                        wyatt_h_knott@vermont.masto.hostW This user is from outside of this forum
                                        wyatt_h_knott@vermont.masto.host
                                        wrote sidst redigeret af
                                        #69

                                        @blogdiva is it mansplaining or manregioning? why not both!? 🤣

                                        @DarkRedman

                                        1 Reply Last reply
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                                        • elduvelle@neuromatch.socialE elduvelle@neuromatch.social

                                          @jaystephens

                                          Definitely, see my other answer here
                                          https://neuromatch.social/@elduvelle/116161779140284723

                                          In the end I'd say the question is "who should benefit from the copyright", not whether the LLM's output is copyrightable or not, because I don't see why it wouldn't be. Obviously it's not going to be easy to figure it out, but in theory all those who contributed to the output (including in the training set) should be considered as contributors. The LLM itself, like a typewriter, is not a contributor.

                                          petealexharris@mastodon.scotP This user is from outside of this forum
                                          petealexharris@mastodon.scotP This user is from outside of this forum
                                          petealexharris@mastodon.scot
                                          wrote sidst redigeret af
                                          #70

                                          @elduvelle @jaystephens
                                          Your continuing not to see why LLM output can't be copyrightable is neither here nor there. It can't. The part written by the human is the prompt itself. You could copyright that, sure. It just isn't useful.

                                          If you could get a court to agree copyright went to all human contributors of the training data, then *nobody* could benefit from it, as nobody would have a right to make copies of it without *all* the contributors or their estates granting a license.

                                          elduvelle@neuromatch.socialE 1 Reply Last reply
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