It's just a side cost of doing business, because asking for forgiveness is cheaper and faster than asking for permission.
That case was important, but it's not abojt the virality. There have been no concluded court cases involving the virality portion causing the rest of the code to also be GPL'd, but there are plenty involving enforcement of GPL on the GPL code itself.
The distinction is important because the article is about the virality causing the whole LLM model to be GPL'd, not just about the GPL'd code itself.
I'd like to think it wouldn't be a problem to enforce, but I've also never seen a court ruling truly about the virality portion to back that up either - which is all GP is saying.
It's sad to see Microsoft's FUD still festering 20 years later.
You are then restricted by copyright just like with any other creation.
If I include the source code of Windows into my product, I can't simply choose to re-license it to say public domain and give it to someone else, the license that I have from Microsoft to allow me to use their code won't let me - it provides restrictions. It's just as "viral" as the GPL.
Also, "don't use my code" is not viral. If you break the MSFT license, you pay them, which is a very well-tested path in courts. The idea of forced public disclosure does not seem to be.
Conversely, to my knowledge there has been no court decision that indicates that the GPL is _not_ enforceable. I think you might want to be more familiar with the area before you decide if it's legally questionable or not.
I also have the feeling it will be much like Google LLC v. Oracle America, Inc., much of this won't really be clearly resolved until the end if the decade. I'd also not ve surprised if seemingly very different answers ended up bubbling up in the different cases, driven by the specifics of the domain.
Not a lawyer, just excited to see the outcomes :).
{ "includeCoAuthoredBy": false }
They could start selling a version of Word tomorrow that gives them the right to train from everything you type on your entire computer into any program. Or that requires you to relinquish your rights to your writing and to license it back from Microsoft, and to only be able to dispute this through arbitration. They could add a morals clause.
For those who are into freedom, I don't see how dictating how you use what you build in such a manner is in the spirit of free and open.
Just my opinion on it, to each their own on the matter.
Are you complaining about proprietary software? I hear the restrictions are a lot tighter for Photoshop's source code, or iOS's, but for some reason you are one of the people who hate GPL as a hobby. Please don't show up whining about "spirits" when Amazon puts you out of business.
It's easy as a developer to slip into a role where you want to build/package (maybe sell) some software product with minimal obligations. BSD-likes are obviously great there.
But the GPL follows a different perspective: It tries to make sure that every user of any software product is always capable of tinkering and changing it himself, and the more permissive licenses do not help there because they don't prevent (or even discourage!) companies from just selling you stripped and obfuscated binary blobs that put you fully at the vendors mercy.
"The freedom to run the program as you wish, for any purpose (freedom 0)."
If the training is established as fair use, the underlying license doesn't really matter. The term you added would just be void if someone ever brought it to a court.
My view is that copyright in general is a pretty abstract and artificial concept; thus corresponding regulation needs to justifiy itself by being useful, i.e. encouraging and rewarding content creation.
/sidenote: Copyright as-is barely holds up there; I would argue that nobody (not even old established companies) is significantly encouraged or incentivised by potential revenue more than 20 years in the future (much less current copyright durations). The system also leads to bad ressource allocation, with almost all the rewards ending up at a small handful of most successful producers-- this effectively externalizes large portions of the cost of "raising" artists.
I view AI overlap under the same lense-- if current copyright rules would lead to undesirable outcomes (by making all AI training or use illegal/infeasible) then law/interpretation simply has to be changed.
Corporations have always talked about the virality of GPL, sometimes *but not always) to the point of exaggeration, you'd think that after getting the proof of concept done the AI companies would be running away at full speed from setting a bomb like that in their goldmine.
Putting in tons of commonly read books and scientific papers is safer, they can just eventually cross-license with the massive conglomerates that own everything. But the GPL is by nature hostile, and has been openly and specifically hostile from the beginning. MIT and Apache, etc. you can just include a fistful of licenses to download, or even come up with architectures that track names to add for attribution-ware. But the GPL will obviously (and legitimately) claim to have relicensed the entire model and maybe all its output (unless they restricted it to LGPL.)
Wouldn't you just pull it out?
I submit the evidence suggests the genAI companies have none of those attributes.
But I'm not certain that the relevant players have the same consequence-fearing mindset that you do, and to be honest they're probably right. The theft is too great to calculate the consequences, and by the time it's settled, what are you gonna do - turn off Forster's machine?
I hope you're right in at least some cases!
Haha no.
https://devclass.com/2025/11/27/ocaml-maintainers-reject-mas...
graemep•58m ago
A lot of it boils down to whether training an LLM is a breach of copyright of the training materials which is not specific to GPL or open source.
xgulfie•54m ago
exasperaited•12m ago
Lobbying is for people trying to stop them; externalities are for the little people.
graemep•8m ago
gorbachev•2m ago
maxloh•39m ago
Once training is established as fair use, it doesn't really matter if the license is MIT, GPL, or a proprietary one.
blibble•36m ago
https://en.wikipedia.org/wiki/Fair_use#/media/File:Fair_use_...
and it is certainly not part of the Berne Convention
in almost every country in the world even timeshifting using your VCR and ripping your own CDs is copyright infringement
jcelerier•19m ago
mongol•30m ago
Is this legally settled?
graemep•4m ago
OneDeuxTriSeiGo•35m ago
With proprietary or more importantly single-owner code, it's far easier for this to end up in a settlement rather than being drug out into an actual ruling, enforcement action, and establishment of precedence.
That's the key detail. It's not specific to GPL or open source but if you want to see these orgs held to account and some precedence established, focusing on GPL and FOSS licensed code is the clearest path to that.
kronicum2025•30m ago