Ron JeffriesRE: https://mastodon.xyz/@johl/116330047659382297
We need 8 million
Christmas Tree
Jonathan Hartley@RonJeffries Hang on, they have openly boasted that their source is all written by Claude, even in an ongoing ad campaign. And didn't the supreme court just say you can't copyright generated code? So on what basis are they using takedown requests?
@tartley trouble with takedown is that most sites don't check, they just remove the material or do nothing.
Steve Purcell@RonJeffries @tartley That's how the DMCA works. In order to not potentially be held liable themselves for copyright infringement, GitHub have to comply promptly with takedown requests that they believe in good faith to be from the owner. At no point does infringement have to be proven.
Glyph@tartley @RonJeffries you can't copyright the output of an LLM directly. but that's specifically because the output of an LLM does not involve human choice and creativity. so the case law on this is largely that if you one-shot something, the one-shot output is not copyrightable. but Claude is an amalgamation of an unknown and unknowable process which involved thousands of layered prompts combined in some manner that could have at least hypothetically been creative
@tartley @RonJeffries mostly, though, it's that thing about not checking. the process to check involves submitting a counterclaim. hopefully someone does, this trial will be _very_ entertaining if there's a lawsuit
The Orange Theme@glyph @tartley @RonJeffries Boy that tweet from that Claude developer about how he "did not open an IDE last month" is gonna be blown up nice and big and placed on an easel for the trial.