People pontificating about whether codebases containing LLM-generated code are subject to IP protection all seem to be forgetting the key point that the law always sides with capital

When big media decided that pirating an mp3 file should be a criminal (not civil) offence, the law sided with them

When big tech decided that pirating every piece of media on the internet for AI training was fair use, the law sided with them

Sure there will be some border skirmishes where IP owner interests clash, but in the end the law will settle on whatever makes the people who pay the lawmakers happy

Instead of trying to read legal precedents like tea leaves, just ask yourself who benefits?

Does big tech benefit from the commons being able to legally appropriate their IP because they used AI in its creation?

Obviously not

So that obviously won't happen

The handwringing about the implications for open source codebases is also especially hilarious

I'm sorry to be the one to break this to you, but the answer to the question "does this mean people can now take my MIT-licensed code without attribution if I used a coding assistant?" is that they were already doing that, long before LLMs

If you're lucky, that will continue to be the case. If you're unlucky, then everyone will just vibe code their own solutions and your project will die in obscurity

@nicklockwood Yeah.. but at least you’ll know that somewhere in the code slop your MIT licensed code will have contributed a few weights in that GPU you can no longer afford 😜
@nicklockwood
I wonder if this might scare the big companies though… the kinds of places whose legal teams are terrified of the GPL?
@matthew Spotify just announced that their developers haven't written a line of code in months. How big of a company are we taking about?
@nicklockwood
Oof, that’s a sobering thought.
@nicklockwood and as for liability it is probably the other way around, or actually the same. There will probably be no liability for issues caused by errors made by AI.
@nicklockwood as a human. I hate it.
@krzyzanowskim if I were a human, I would simply become a rich human, then all my problems would be solved

@nicklockwood It reminds me a little bit when people thought that music labels would protect artists since they fought in the past for copyright protection.

But now these labels are negotiating licensing fees to train on their catalogue. They just go where the money is and their catalogue is just an asset.

@obrhoff 💯. Why make war with big tech when they can get a cut of the profits instead
@nicklockwood Looking forward to the next version of OpenWindows

@nicklockwood

Thankfully the later one is not yet over as there are also a lot of capital interests opposing this interpretation. Lawsuits are still ongoing...

@nicklockwood just had to do a copyright lecture for a class I teach last week (a/v preservation) and it's hard for me to convey importance of precedent while also knowing capital is the only thing that matterssssss!!!
@nicklockwood just ended up spending a long time talking about Sony and Universal beefing over VTRs
@nicklockwood one of the greatest trick capitalists ever pulled off was convincing creative individuals that IP laws exist to serve their interests.
@nicklockwood That's not law. That's tyranny.