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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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  • aeva@mastodon.gamedev.placeA aeva@mastodon.gamedev.place

    @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 This user is from outside of this forum
    snoopj@hachyderm.ioS This user is from outside of this forum
    snoopj@hachyderm.io
    wrote sidst redigeret af
    #44

    @aeva @xgranade @jamie agreed, you can have my HAW-HAW when you pry it from my cold dead throat

    1 Reply Last reply
    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

      gary_alderson@infosec.exchangeG This user is from outside of this forum
      gary_alderson@infosec.exchangeG This user is from outside of this forum
      gary_alderson@infosec.exchange
      wrote sidst redigeret af
      #45

      @jamie china is the main producer of models with open weights, open source ai, china is pushing the evolution of ai forward - what's next? probably 10x compute for smb sector

      1 Reply Last reply
      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

        lexinova@cyberplace.socialL This user is from outside of this forum
        lexinova@cyberplace.socialL This user is from outside of this forum
        lexinova@cyberplace.social
        wrote sidst redigeret af
        #46

        @jamie in the US, outside of the US exist, and when i don't like AI, until other country rules AI code is not copyrightable ... it remain copyrightable on the whole world BUT US.

        so not it does not automatically become public domain

        (And again i'm against AI).

        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.

          fsinn@mas.toF This user is from outside of this forum
          fsinn@mas.toF This user is from outside of this forum
          fsinn@mas.to
          wrote sidst redigeret af
          #47

          @jamie I *am* an IP lawyer and I (along with many others) have been saying it for a while, that if the position the “AI” co’s are taking with respect to the legality of scraping “publicly available” materials were true (that all “publicly available” materials are “public domain” free to be used as raw materials without consent required), then copyright ceases to exist and all their own materials will be free for everyone else to use the very first time they’re leaked. That’ll be fun for the co.

          jamie@zomglol.wtfJ max@gruene.socialM blogdiva@mastodon.socialB azuaron@cyberpunk.lolA christianschwaegerl@mastodon.socialC 6 Replies Last reply
          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

            saxnot@chaos.socialS This user is from outside of this forum
            saxnot@chaos.socialS This user is from outside of this forum
            saxnot@chaos.social
            wrote sidst redigeret af
            #48

            @jamie where does it say "the entire codebase"?
            I reas it exactly opposite.

            Copyright on own contributions

            jamie@zomglol.wtfJ 1 Reply Last reply
            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

              madaeas@mastodon.socialM This user is from outside of this forum
              madaeas@mastodon.socialM This user is from outside of this forum
              madaeas@mastodon.social
              wrote sidst redigeret af
              #49

              @jamie win win for the creatives and for slop-craft

              1 Reply Last reply
              0
              • 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.

                atax1a@infosec.exchangeA This user is from outside of this forum
                atax1a@infosec.exchangeA This user is from outside of this forum
                atax1a@infosec.exchange
                wrote sidst redigeret af
                #50

                @tuban_muzuru i hope you write a program some day

                @jamie

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

                  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.

                  While the company may have recourse based on the employment agreement (which varies in enforceability by state), I doubt there'd be any on the basis of copyright.

                  kitsunevixi@sakurajima.socialK This user is from outside of this forum
                  kitsunevixi@sakurajima.socialK This user is from outside of this forum
                  kitsunevixi@sakurajima.social
                  wrote sidst redigeret af
                  #51

                  @jamie@zomglol.wtf Anthropic claims Claude coded the current version of Claude.

                  1 Reply Last reply
                  0
                  • donaldball@triangletoot.partyD This user is from outside of this forum
                    donaldball@triangletoot.partyD This user is from outside of this forum
                    donaldball@triangletoot.party
                    wrote sidst redigeret af
                    #52

                    @tuban_muzuru You conduct yourself like a real asshole.

                    1 Reply Last reply
                    0
                    • leeloo@chaosfem.twL leeloo@chaosfem.tw

                      @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 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
                      #53

                      @leeloo Strong agree!

                      1 Reply Last reply
                      0
                      • c0dec0dec0de@hachyderm.ioC c0dec0dec0de@hachyderm.io

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

                        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
                        #54

                        @c0dec0dec0de I'm honestly surprised that startups take on this risk.

                        c0dec0dec0de@hachyderm.ioC 1 Reply Last reply
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                        • ulveon@derg.socialU ulveon@derg.social

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

                          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
                          #55

                          @ulveon In the scenario I mentioned further down the thread where someone posts a company's code on a public git repo, they'll testify to that in court.

                          I have no doubt that companies will try to claim everything is artisanal, organic, ethically sourced, locally grown

                          For repos that are already public, that's a different topic and that code gets appropriated without attribution all the time as it is. I'm more interested in how this will impact risk factors in for-profit software development.

                          1 Reply Last reply
                          0
                          • 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
                            #56

                            @bougiewonderland It would be some poetic justice for a company that stole the whole idea of a GUI and talked down about OSS for decades to lose their copyright and for that GUI to become public domain explicitly because they couldn't come up with a way to comply with copyright law.

                            1 Reply Last reply
                            0
                            • lexinova@cyberplace.socialL lexinova@cyberplace.social

                              @jamie in the US, outside of the US exist, and when i don't like AI, until other country rules AI code is not copyrightable ... it remain copyrightable on the whole world BUT US.

                              so not it does not automatically become public domain

                              (And again i'm against AI).

                              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
                              #57

                              @lexinova Yeah, my take is very much US-centric because it's the only jurisdiction I'm familiar with.

                              1 Reply Last reply
                              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

                                thatdnaguy@genomic.socialT This user is from outside of this forum
                                thatdnaguy@genomic.socialT This user is from outside of this forum
                                thatdnaguy@genomic.social
                                wrote sidst redigeret af
                                #58

                                @jamie that's interesting. So I guess #Windows11 will be public domain soon.

                                1 Reply Last reply
                                0
                                • saxnot@chaos.socialS saxnot@chaos.social

                                  @jamie where does it say "the entire codebase"?
                                  I reas it exactly opposite.

                                  Copyright on own contributions

                                  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
                                  #59

                                  @saxnot In the second screenshot, second bullet point. AFAICT, if you don't disclaim the parts of the work generated by AI, copyright cannot be assigned for the entire work.

                                  The link in that bullet point goes here: https://www.copyright.gov/rulings-filings/review-board/docs/Theatre-Dopera-Spatial.pdf

                                  1 Reply Last reply
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                                  • atax1a@infosec.exchangeA atax1a@infosec.exchange

                                    @tuban_muzuru i hope you write a program some day

                                    @jamie

                                    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
                                    #60

                                    @atax1a This is the most incredible clapback I've seen all day. Flawless. No notes.

                                    cap_ybarra@beige.partyC 1 Reply Last reply
                                    0
                                    • jamie@zomglol.wtfJ jamie@zomglol.wtf

                                      @c0dec0dec0de I'm honestly surprised that startups take on this risk.

                                      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
                                      wrote sidst redigeret af
                                      #61

                                      @jamie wait, the dates on these are 2023. I feel like I should forward to our legal department.

                                      1 Reply Last reply
                                      0
                                      • fsinn@mas.toF fsinn@mas.to

                                        @jamie I *am* an IP lawyer and I (along with many others) have been saying it for a while, that if the position the “AI” co’s are taking with respect to the legality of scraping “publicly available” materials were true (that all “publicly available” materials are “public domain” free to be used as raw materials without consent required), then copyright ceases to exist and all their own materials will be free for everyone else to use the very first time they’re leaked. That’ll be fun for the co.

                                        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
                                        #62

                                        @fsinn This is amazing

                                        1 Reply Last reply
                                        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

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

                                          @jamie wouldn’t that apply to all of AI companies now?

                                          jamie@zomglol.wtfJ 1 Reply Last reply
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