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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 GaskinsJ Jamie Gaskins

    @dwineman Yeah, there are a few approaches to IP law that they'd still have available. But even then, the discovery process would probably require them to air out some of their laundry, too.

    IIRC one of the AI platforms was sued recently and settled out of court. Someone on here pointed out that they likely did that to avoid discovery, which would enter a lot of internal data into public record. I'm fuzzy on the details, but the gist was companies generally don't like to go to court over this.

    Dan WinemanD This user is from outside of this forum
    Dan WinemanD This user is from outside of this forum
    Dan Wineman
    wrote on last edited by
    #108

    @jamie The problem is that as an individual, that process would likely bankrupt you well before it even got to discovery, and the company knows that.

    Jamie GaskinsJ 1 Reply Last reply
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    • Jamie GaskinsJ This user is from outside of this forum
      Jamie GaskinsJ This user is from outside of this forum
      Jamie Gaskins
      wrote on last edited by
      #109

      @jaredwhite Yeah, you didn't miss much. Mainly he was replying to things I wasn't saying. Easiest argument I've had on the internet in years.

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      • Dan WinemanD Dan Wineman

        @jamie The problem is that as an individual, that process would likely bankrupt you well before it even got to discovery, and the company knows that.

        Jamie GaskinsJ This user is from outside of this forum
        Jamie GaskinsJ This user is from outside of this forum
        Jamie Gaskins
        wrote on last edited by
        #110

        @dwineman 100%. They don't need a favorable judgement to silence you.

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        • Jamie GaskinsJ Jamie Gaskins

          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

          VissV This user is from outside of this forum
          VissV This user is from outside of this forum
          Viss
          wrote on last edited by
          #111

          @jamie RIP microsoft

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          • tuban_muzuruT tuban_muzuru

            @jamie

            Stop whining. You and about seventy zillion terrified sheep running around here bleating about the Terrible AI monster under the bed.

            cancelC This user is from outside of this forum
            cancelC This user is from outside of this forum
            cancel
            wrote on last edited by
            #112

            @tuban_muzuru @jamie as a random viewer of this thread, you come off as utterly insufferable, which might not be what you think you come off as, and so you might want to reconsider your behavior

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            • Jamie GaskinsJ Jamie Gaskins

              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

              Machine Lord ZeroM This user is from outside of this forum
              Machine Lord ZeroM This user is from outside of this forum
              Machine Lord Zero
              wrote on last edited by
              #113

              @jamie Anything AI-generated is free, BUT anything AI-generated is also worse than simply worthless.
              *shrug*

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              • Jamie GaskinsJ Jamie Gaskins

                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

                Jens Oliver Meiert πŸ‡ΊπŸ‡³ πŸ‡΅πŸ‡ΈJ This user is from outside of this forum
                Jens Oliver Meiert πŸ‡ΊπŸ‡³ πŸ‡΅πŸ‡ΈJ This user is from outside of this forum
                Jens Oliver Meiert πŸ‡ΊπŸ‡³ πŸ‡΅πŸ‡Έ
                wrote on last edited by
                #114

                @jamie, so if a code review agent corrects a variable name in a proprietary 5M LOC project and that AI edit is not documented (where?), the entire project becomes public domain?

                (Asking not you specifically but to entertain the thought such a law could be written without nuance.)

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                • Jamie GaskinsJ Jamie Gaskins

                  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

                  David ZaslavskyD This user is from outside of this forum
                  David ZaslavskyD This user is from outside of this forum
                  David Zaslavsky
                  wrote on last edited by
                  #115

                  @jamie Hmm... this sounds like it's saying is that if a work (e.g. a code base) includes AI-generated content and doesn't identify which parts of it were AI-generated, the whole work and every part of the work, even the human-created parts, become ineligible for copyright. I believe that's wrong. (Maybe misleading, at best, if you meant it in some other way.) I mean, I can't say so authoritatively, since I'm a copyright nerd, not a lawyer, but I'm becoming increasingly convinced the more I look into it. If nothing else, it'd be a quick way to invalidate anybody's copyright on anything by just combining it with some AI-generated content and releasing the combination.

                  I think a more accurate statement would be that if you fail to disclose which parts were not written by a human, the copyright status of the work is unclear. The human contributions are still copyrighted by their authors, but there are some things that can't be done with the work as a whole without knowing which contributions those are.

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                  • AzuaronA Azuaron

                    @fsinn @jamie My understanding was that training an AI model on copyrighted work was fair use, because the actual "distribution"--when the AI generates something from a prompt--uses a diminimus amount of copyrighted content from an individual work, except if the user explicitly prompted something like, "Give me Homer Simpson surfing a space orca," at which point the AI company would throw the user all the way under the bus.

                    katrinaK This user is from outside of this forum
                    katrinaK This user is from outside of this forum
                    katrina
                    wrote on last edited by
                    #116

                    @Azuaron @fsinn @jamie But, they don't have a licence to use the training material, and the act of gathering that material is mass copyright infringement.

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                    • tuban_muzuruT tuban_muzuru

                      @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.

                      LisPiL This user is from outside of this forum
                      LisPiL This user is from outside of this forum
                      LisPi
                      wrote on last edited by
                      #117
                      @tuban_muzuru @jamie That's not alarm, that's joy.
                      1 Reply Last reply
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                      • tuban_muzuruT tuban_muzuru

                        @jamie

                        .... how can you distinguish between 'em?

                        LisPiL This user is from outside of this forum
                        LisPiL This user is from outside of this forum
                        LisPi
                        wrote on last edited by
                        #118

                        tuban_muzuru Jamie Gaskins Without adequate repo discipline? You cannot reliably. Stylometry might get some likelihood, at best.

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