@bkuhn @richardfontana @evan @cwebber @ossguy Interesting! “Copyright law — and the legal precedents around it — differ widely for different types of creative works. Analysis of the copyrightability of works of software varies in notable ways. Therefore, do not to assume that analysis for images apply broadly to software.”

@bkuhn @richardfontana @evan @cwebber @ossguy Wow I really appreciate you weighing in here! I was thinking Naruto v. Slater for point one not just Thaler but I certainly defer to your expertise especially on point 3.

@richardfontana @evan @cwebber @bkuhn @ossguy I feel like it’s 3 questions for the court:
1 Can a non-human actor produce a copyrightable work? Likely no.
2 Is the human prompt and review enough to apply copyright to LLM content? Maybe?
3 Does this have implications for open source? I guess not.

@evan @cwebber @bkuhn @ossguy @richardfontana Ok I haven’t really heard people before you guys explain that to me. So I was wondering if it was possible that it couldn’t be licensed. Thanks.

@evan @cwebber @bkuhn @ossguy @richardfontana Another major concern is that works generated by AI are not copyrightable per the US Supreme Court. So code generated by an LLM can not be licensed at all, open or closed. https://www.reuters.com/legal/government/us-supreme-court-declines-hear-dispute-over-copyrights-ai-generated-material-2026-03-02/

@ginabythebay I love that he overcame that and now can live in a beautiful city and nod to friendly neighbors. There’s hope.

@heidilifeldman Do you ever get the feeling that Trump only knows like 12 people total?