IP law (like a lot of other things) has been skewed toward the interests of business, even when that conflicts with fairness or societal good. For all its flaws (IMO), the free software movement tends to be principled. Just because something is legal doesn’t mean it’s right.
Not just when it reproduces code. Since fair use doesn't exist like that in a lot of countries the question is if the training itself is a violation. Are there e.g. EU or Japanese rulings on that?
> To my knowledge there is not a single known case where this happened.
> News back then were about intentionally prompting to output known copyrighted material.
First, there are other cases if you take the time to dig. This is quite an old example (GPT-2) as i haven't kept up to date on this field recently, but it does show that this problem has been known about since before these systems were widely adopted: https://arxiv.org/abs/2012.07805 [0]
Second, GP said nothing about the type of effort required to make it happen, just that it can be done and that the copyright owner could come along and cause legal problems later. It's absolutely possible to have a fly-by contributor who purposefully asks for code that reproduces X/Y/Z without a maintainer knowing about it.
But then the maintainer is the one in legal trouble.
> When, despite millions of developers using agentic AI already, are these lawsuits supposed to manifest?
Legal / copyright / etc. cases often take a lot longer than a couple of years to come to fruition.
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[0]: edit -- to clarify this is an example of the reproduction problem, not an example copyright infringement case.
The problem you linked is an older example of intentional prompting for copyrighted material.
The concern discussed here is copyrighted material being generated unintentionally and the original author asserting their rights.
This has, to my knowledge, not happened once.
If we are not talking about unintentional violations, I don't understand the point of the discussion.
I can also intentionally copy paste the copyrighted material into my merge request without the use of AI in an attempt to get the maintainer into trouble.
> The concern discussed here is copyrighted material being generated unintentionally and the original author asserting their rights.
both intentional (malicious contributor) or unintentional (Large-Laundering-Model) are copyright issues -- which is the point of GCC's policy.
> I can also intentionally copy paste the copyrighted material into my merge request without the use of AI in an attempt to get the maintainer into trouble.
You can. You can also do it significantly faster with significantly less effort while being harder to detect using agents etc.
I do not think some untested theory about sabotaging open-source projects by intentionally inserting copyrighted material using AI, causing legal issues for maintainers, is worthwhile to discuss here.
That is obviously not what anyone was referring to, nor does it make sense, when there is a much more reasonable basis to prohibit the same contribution.
Namely inserting vulnerabilities. This one actually happened before afaik, and provides a clear benefit to the attacker.
> just that it can be done and that the copyright owner could come along and cause legal problems later. It's absolutely possible to have a fly-by contributor who purposefully asks for code that reproduces X/Y/Z without a maintainer knowing about it.
If a contributor doesn't care about submitting copyrighted code, they can do it without an LLM as well.
Someone tried to contribute “vibe-coded” device support to a project I’m involved with, they said they did it all based on the device documentation, the code their agents spit out was copied verbatim out of a (GPL’d) project with which I’m familiar which supports that device.
LLMs are not learning things and then using that learning to construct new things. They are essentially a form of lossy compression of their training set. And you don’t need to be explicit about trying to reproduce a portion of that training set for an LLM to output one.
As it happens, all evaluations I have seen in the news were in fact explicit about trying to reproduce a portion of the training set.
I am not aware of any study attempting to measure unintentional reproduction.
With your example, I question whether you have seen this happen first hand. For all I know, the contributor could have explicitly prompted the model to reference the GPL project and had the agent clone the code from the web.
At a certain point you have to take people at their word; I’m reporting what the contributor said they did (used the documentation to generate the code).
I mean ai has generated copyright headers verbatim in code I asked it to make. I had a tutorial open from the web and asked the AI to generate an example for me and it was the example from the tutorial verbatim as well...
It was a frontier model from a few months ago. It hasn't done it recently. But it has happened. I imagine if there isn't a lot of training data for an idea it probably has a higher change of generating verbatim, so as time goes on, it should become less of a problem (at least with high quality models).
This doesn't really happen by accident, especially where it's significant enough to constitute copyright infringement. And to my knowledge, there hasn't been a single lawsuit over this in the entire history of LLM-assisted coding.
It's enough to tell you that, if it does happen, it must be quite rare and not a widespread systemic issue. It's also worth noting that Anthropic and co are so confident that it's a non-issue that they offer full copyright indemnification to their commercial users.
That would be an example of, “overfitting.” It is something the AI labs are concerned about. They tweak parameters to try and avoid it.
It’s a hard balancing act to do. Give in too much randomness and you get non-sensical outputs that are difficult to align. Fit too closely to the training data and the model regurgitates the training data.
And oh, what’s that copyrighted material we never made any agreement to use doing in there?
There is concern, but the more I think about it, the less convinced I am. LLMs might produce a snippet, but copyright requires more than that. Last I checked (I'm not a lawyer, this was far enough back that the law has had major changes, and different countries have different laws! - read this with plenty of salt) if you start with copyright work and replace all but 10% that final amount just disappears since there isn't enough original to claim copyright anymore. You can never claim copyright over 'printf("Hello World");' - it is too generic. Most of what I've seen an LLM produce is likewise generic enough that even if it is a copy, it wouldn't be a copyrightable snippet.
> The complaint argued that "the basis of the Gaye defendants' claims is that "Blurred Lines" and "Got To Give It Up" "feel" or "sound" the same. Being reminiscent of a "sound" is not copyright infringement. The intent in producing "Blurred Lines" was to evoke an era. In reality, the Gaye defendants are claiming ownership of an entire genre, as opposed to a specific work"
wider point -- whether or not a copy is a copy and whether it is is infringing on copyright or not ultimately has to be decided by a court case when it's not an obvious and clear cut violation. especially in the USA with the utterly mental fair use law.
