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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@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.

    kkarhan@infosec.spaceK This user is from outside of this forum
    kkarhan@infosec.spaceK This user is from outside of this forum
    kkarhan@infosec.space
    wrote sidst redigeret af
    #4

    @jamie also "Public Domain" doesn't exist in many juristictioms and in places like #Germany it's the opposite and non-copyright-able code would've to be evidenced as such.

    • Personally I refuse to use "#AI" bullshit & #AIslop as a matter of principle!
    jamie@zomglol.wtfJ 1 Reply Last reply
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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.

      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
      wrote sidst redigeret af
      #5

      @jamie

      The post takes real legal uncertainty and cranks it up to maximum alarm. The actual state of things is more nuanced and still evolving — courts are working through these questions case by case, and the Copyright Office indicated that a future may arise in which prompts could "sufficiently control expressive elements in AI-generated outputs to reflect human authorship."

      So it's worth being thoughtful about this stuff, but "your vibe-coded repo is public domain" is not an accurate summary of the law.

      tuban_muzuru@beige.partyT jamie@zomglol.wtfJ 2 Replies Last reply
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      • kkarhan@infosec.spaceK kkarhan@infosec.space

        @jamie also "Public Domain" doesn't exist in many juristictioms and in places like #Germany it's the opposite and non-copyright-able code would've to be evidenced as such.

        • Personally I refuse to use "#AI" bullshit & #AIslop as a matter of principle!
        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
        #6

        @kkarhan Yeah, this is very US-focused. I haven't worked with any lawyers outside the US and I'm not familiar with how copyright works outside the US at all.

        However, if the company is in the US and they don't have a huge international presence, they probably aren't able to take legal action anyway. 😄

        vampirdaddy@chaos.socialV 1 Reply Last reply
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        • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

          @jamie

          The post takes real legal uncertainty and cranks it up to maximum alarm. The actual state of things is more nuanced and still evolving — courts are working through these questions case by case, and the Copyright Office indicated that a future may arise in which prompts could "sufficiently control expressive elements in AI-generated outputs to reflect human authorship."

          So it's worth being thoughtful about this stuff, but "your vibe-coded repo is public domain" is not an accurate summary of the law.

          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
          wrote sidst redigeret af
          #7

          @jamie

          For more information:

          https://www.mcbrayerfirm.com/blogs-intellectual-property-blog,u-s-copyright-office-releases-part-2-of-copyright-and-artificial-intelligence-series-copyrightability-guidance

          jamie@zomglol.wtfJ 1 Reply Last reply
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          • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

            @jamie

            The post takes real legal uncertainty and cranks it up to maximum alarm. The actual state of things is more nuanced and still evolving — courts are working through these questions case by case, and the Copyright Office indicated that a future may arise in which prompts could "sufficiently control expressive elements in AI-generated outputs to reflect human authorship."

            So it's worth being thoughtful about this stuff, but "your vibe-coded repo is public domain" is not an accurate summary of the law.

            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
            #8

            @tuban_muzuru There's no alarm in what I said.

            tuban_muzuru@beige.partyT 1 Reply Last reply
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            • jamie@zomglol.wtfJ jamie@zomglol.wtf

              @tuban_muzuru There's no alarm in what I said.

              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
              wrote sidst redigeret af
              #9

              @jamie

              You're attempting to say " If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*

              I'll be gracious and say that's not what the law says, and if you want, I can be a jackass about this because it's not true and the last thing this place needs is yet another Chicken Little making absurd claims.

              jamie@zomglol.wtfJ 1 Reply Last reply
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              • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

                @jamie

                For more information:

                https://www.mcbrayerfirm.com/blogs-intellectual-property-blog,u-s-copyright-office-releases-part-2-of-copyright-and-artificial-intelligence-series-copyrightability-guidance

                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
                #10

                @tuban_muzuru The link I posted was updated more recently than this post.

                I'm also fairly certain that sufficient scrutiny will show that you cannot control the LLM to the degree that could justify copyright claim.

                1 Reply Last reply
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                • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

                  @jamie

                  You're attempting to say " If you fail to disclose/disclaim exactly which parts were not written by a human, you forfeit your copyright claim on *the entire codebase*

                  I'll be gracious and say that's not what the law says, and if you want, I can be a jackass about this because it's not true and the last thing this place needs is yet another Chicken Little making absurd claims.

                  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
                  #11

                  @tuban_muzuru You find that alarming? I meant it like "Holy shit, this is an interesting thing I hadn't considered."

                  And it's not an absurd claim. It's pretty much exactly what someone will say in court.

                  tuban_muzuru@beige.partyT 1 Reply Last reply
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                  • jamie@zomglol.wtfJ jamie@zomglol.wtf

                    @tuban_muzuru You find that alarming? I meant it like "Holy shit, this is an interesting thing I hadn't considered."

                    And it's not an absurd claim. It's pretty much exactly what someone will say in court.

                    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
                    wrote sidst redigeret af
                    #12

                    @jamie

                    Holy shit, dude, get a subscription to Claude and be thereby instructed. If you're a competent programmer, you will be asking the LLM for spec. If you're a dumbass, you'll be asking for implementation.

                    jamie@zomglol.wtfJ oay@mastodon.socialO 2 Replies Last reply
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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

                      huntingdon@mstdn.socialH This user is from outside of this forum
                      huntingdon@mstdn.socialH This user is from outside of this forum
                      huntingdon@mstdn.social
                      wrote sidst redigeret af
                      #13

                      @jamie

                      Big bidness lobbyists will be descending on Capitol Hill to fix that.

                      jamie@zomglol.wtfJ 1 Reply Last reply
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                      • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

                        @jamie

                        Holy shit, dude, get a subscription to Claude and be thereby instructed. If you're a competent programmer, you will be asking the LLM for spec. If you're a dumbass, you'll be asking for implementation.

                        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
                        #14

                        @tuban_muzuru My company pays for both Claude and Cursor. I use both and my team discusses these tools daily.

                        I'm also very familiar with how LLMs work down to a mechanical level. I've trained models from scratch with code I wrote by hand and used those models to do some pretty neat things.

                        I assure you, you don't have a leg up on me in this discussion.

                        tuban_muzuru@beige.partyT 1 Reply Last reply
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                        • huntingdon@mstdn.socialH huntingdon@mstdn.social

                          @jamie

                          Big bidness lobbyists will be descending on Capitol Hill to fix that.

                          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
                          #15

                          @huntingdon I have no doubt they're already there. They probably don't even need to walk through the front door.

                          1 Reply Last reply
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                          • jamie@zomglol.wtfJ jamie@zomglol.wtf

                            @tuban_muzuru My company pays for both Claude and Cursor. I use both and my team discusses these tools daily.

                            I'm also very familiar with how LLMs work down to a mechanical level. I've trained models from scratch with code I wrote by hand and used those models to do some pretty neat things.

                            I assure you, you don't have a leg up on me in this discussion.

                            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
                            wrote sidst redigeret af
                            #16

                            @jamie

                            I can assure you, Jamie, whatever talents you may possess, possession of a Juris Doctor is not one of them. So do us all a favor and quit handing out what I believe to be so much Chicken Little-ing.

                            jamie@zomglol.wtfJ 1 Reply Last reply
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                            • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

                              @jamie

                              I can assure you, Jamie, whatever talents you may possess, possession of a Juris Doctor is not one of them. So do us all a favor and quit handing out what I believe to be so much Chicken Little-ing.

                              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
                              #17

                              @tuban_muzuru I don't have a JD, that's correct. I do, however, have two siblings that do and this entire thread came out of a conversation with one of them.

                              And no, I will do you no favors. You came into *my* mentions. I had no idea you existed 40 minutes ago. So I owe you nothing. You'll just have to find a way to accept that I will continue posting my thoughts on my own account on my own server.

                              tuban_muzuru@beige.partyT 1 Reply Last reply
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                              • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

                                @jamie

                                Holy shit, dude, get a subscription to Claude and be thereby instructed. If you're a competent programmer, you will be asking the LLM for spec. If you're a dumbass, you'll be asking for implementation.

                                oay@mastodon.socialO This user is from outside of this forum
                                oay@mastodon.socialO This user is from outside of this forum
                                oay@mastodon.social
                                wrote sidst redigeret af
                                #18

                                @tuban_muzuru @jamie if youre a competent programmer you will absolutely not be asking an LLM for spec. you will read documentation.

                                jamie@zomglol.wtfJ tuban_muzuru@beige.partyT 2 Replies Last reply
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                                • oay@mastodon.socialO oay@mastodon.social

                                  @tuban_muzuru @jamie if youre a competent programmer you will absolutely not be asking an LLM for spec. you will read documentation.

                                  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
                                  #19

                                  @oay @tuban_muzuru This is the way.

                                  1 Reply Last reply
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                                  • jamie@zomglol.wtfJ jamie@zomglol.wtf

                                    @tuban_muzuru I don't have a JD, that's correct. I do, however, have two siblings that do and this entire thread came out of a conversation with one of them.

                                    And no, I will do you no favors. You came into *my* mentions. I had no idea you existed 40 minutes ago. So I owe you nothing. You'll just have to find a way to accept that I will continue posting my thoughts on my own account on my own server.

                                    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
                                    wrote sidst redigeret af
                                    #20

                                    @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 dusk@todon.euD 2 Replies Last reply
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                                    • oay@mastodon.socialO oay@mastodon.social

                                      @tuban_muzuru @jamie if youre a competent programmer you will absolutely not be asking an LLM for spec. you will read documentation.

                                      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
                                      wrote sidst redigeret af
                                      #21

                                      @oay @jamie

                                      You do write spec first, yes?

                                      oay@mastodon.socialO 1 Reply Last reply
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                                      • tuban_muzuru@beige.partyT tuban_muzuru@beige.party

                                        @oay @jamie

                                        You do write spec first, yes?

                                        oay@mastodon.socialO This user is from outside of this forum
                                        oay@mastodon.socialO This user is from outside of this forum
                                        oay@mastodon.social
                                        wrote sidst redigeret af
                                        #22

                                        @tuban_muzuru @jamie not with LLM

                                        1 Reply Last reply
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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
                                          wrote sidst redigeret af
                                          #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 Reply Last reply
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