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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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  • leslieburns@esq.socialL leslieburns@esq.social

    @elduvelle
    Yeah... you're right: you are NOT a lawyer.

    I am and you don't know what you are talking about. Transformation has NOTHING to do with copyrightability. Nada. Nichevo. Rien.

    (@drahardja )

    drahardja@sfba.socialD This user is from outside of this forum
    drahardja@sfba.socialD This user is from outside of this forum
    drahardja@sfba.social
    wrote sidst redigeret af
    #47

    @LeslieBurns @elduvelle I’d love to learn more!

    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

      htpcnz@mastodon.socialH This user is from outside of this forum
      htpcnz@mastodon.socialH This user is from outside of this forum
      htpcnz@mastodon.social
      wrote sidst redigeret af
      #48

      @blogdiva i have a feeling this will eventually be heard and ruled in favour of the corporations when enough big corps have more AI garbage than actual human work, just like how they ruled corporations are people when it comes to election financing.

      1 Reply Last reply
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      • sharlatan@mastodon.socialS sharlatan@mastodon.social

        @LeslieBurns @elduvelle @drahardja may you provide more details please 🙏?

        leslieburns@esq.socialL This user is from outside of this forum
        leslieburns@esq.socialL This user is from outside of this forum
        leslieburns@esq.social
        wrote sidst redigeret af
        #49

        @sharlatan @elduvelle @drahardja I spent years in law school and personal study on top of that to learn about copyright law. It cannot be explained on social media. But, fundamentally, in the US, something must be an expression of *human* creativity to be copyrightable. The tools may be whatever, but at its core it must be human expression.

        And transformation has nothing to do with that. The term transformation is from the fair use doctrine, and has been perverted by anti-copyright folk.

        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

          bolomkxxviii@mastodon.socialB This user is from outside of this forum
          bolomkxxviii@mastodon.socialB This user is from outside of this forum
          bolomkxxviii@mastodon.social
          wrote sidst redigeret af
          #50

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

          maypop_neocities@wetdry.worldM 1 Reply Last reply
          0
          • 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

                1 Reply Last reply
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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
                  0
                  • 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
                        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

                          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
                                  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.

                                    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
                                    0
                                    • 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
                                      0
                                      • 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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