Is it? Remember when that agent wrote a hit piece about the maintainer because he wouldn't merge it's PR?
That's... refreshingly normal? Surely something most people acting in good faith can get behind.
They wouldn't be some patsy that is around just to take blame, but the actual responsible party for the issue.
You hire an independent contractor and tell him that he can drive 60 miles per hour if he wants to but if it explodes he accepts responsibility.
He does and it explodes killing 10 people. If the family of those 10 people has evidence you created the conditions to cause the explosion in order to benefit your company, you're probably going to lose in civil court.
Linus benefits from the increase velocity of people using AI. He doesn't get to put all the liability on the people contributing.
That is not the case when using AI generated code. There is no way to use it without the chance of introducing infringing code.
Because of that if you tell a user they can use AI generated code, and they introduce infringing code, that was a foreseeable outcome of your action. In the case where you are the owner of a company, or the head of an organization that benefits from contributors using AI code, your company or organization could be liable.
I think you’re looking for problems that don’t really exist here, you seem committed to an anti AI stance where none is justified.
If you don't think this is a problem take a look at the terms of the enterprise agreements from OpenAI and Anthropic. Companies recognize this is an issue and so they were forced to add an indemnification clause, explicitly saying they'll pay for any damages resulting in infringement lawsuits.
LLMs are not persons, not even legal ones (which itself is a massive hack causing massive issues such as using corporate finances for political gain).
A human has moral value a text model does not. A human has limitations in both time and memory available, a model of text does not. I don't see why comparisons to humans have any relevance. Just because a human can do something does not mean machines run by corporations should be able to do it en-masse.
The rules of copyright allow humans to do certain things because:
- Learning enriches the human.
- Once a human consumes information, he can't willingly forget it.
- It is impossible to prove how much a human-created intellectual work is based on others.
With LLMs:
- Training (let's not anthropomorphize: lossily-compressing input data by detecting and extracting patterns) enriches only the corporation which owns it.
- It's perfectly possible to create a model based only on content with specific licenses or only public domain.
- It's possible to trace every single output byte to quantifiable influences from every single input byte. It's just not an interesting line of inquiry for the corporations benefiting from the legal gray area.
Surely the person doing so would be responsible for doing so, but are they doing anything wrong?
You're perfectly at liberty to relicense public domain code if you wish.
The only thing you can't do is enforce the new license against people who obtain the code independently - either from the same source you did, or from a different source that doesn't carry your license.
If I use public domain code in a project under a license, the whole work remains under the license, but not the public domain code.
I'm not sure what the hullabaloo is about.
If your license allows others to take the code and redistribute it with extra conditions, your code can be imported into the kernel. AFAIK there are parts of the kernel that are BSD-licensed.
Remember that licenses are powered by copyright - granting a license to non-copyrighted code doesn't do anything, because there's no enforcement mechanism.
This is also why copyright reform for software engineering is so important, because code entering the public domain cuts the gordian knot of licensing issues.
LLM-creation ("training") involves detecting/compressing patterns of the input. Inference generates statistically probable based on similarities of patterns to those found in the "training" input. Computers don't learn or have ideas, they always operate on representations, it's nothing more than any other mechanical transformation. It should not erase copyright any more than synonym substitution.
There's a pretty compelling argument that this is essentially what we do, and that what we think of as creativity is just copying, transforming, and combining ideas.
LLMs are interesting because that compression forces distilling the world down into its constituent parts and learning about the relationships between ideas. While it's absolutely possible (or even likely for certain prompts) that models can regurgitate text very similar to their inputs, that is not usually what seems to be happening.
They actually appear to be little remix engines that can fit the pieces together to solve the thing you're asking for, and we do have some evidence that the models are able to accomplish things that are not represented in their training sets.
Kirby Ferguson's video on this is pretty great: https://www.youtube.com/watch?v=X9RYuvPCQUA
The solution documented here seems very pragmatic. You as a contributor simply state that you are making the contribution and that you are not infringing on other people's work with that contribution under the GPLv2. And you document the fact that you used AI for transparency reasons.
There is a lot of legal murkiness around how training data is handled, and the output of the models. Or even the models themselves. Is something that in no way or shape resembles a copyrighted work (i.e. a model) actually distributing that work? The legal arguments here will probably take a long time to settle but it seems the fair use concept offers a way out here. You might create potentially infringing work with a model that may or may not be covered by fair use. But that would be your decision.
For small contributions to the Linux kernel it would be hard to argue that a passing resemblance of say a for loop in the contribution to some for loop in somebody else's code base would be anything else than coincidence or fair use.
> AI agents MUST NOT add Signed-off-by tags. Only humans can legally certify the Developer Certificate of Origin (DCO).
They mention an Assisted-by tag, but that also contains stuff like "clang-tidy". Surely you're not interpreting that as people "attributing" the work to the linter?
How can you guarantee that will happen when AI has been trained a world full of multiple licenses and even closed source material without permission of the copyright owners...I confirmed that with several AI's just now.
The whole use it but if it behaves as expected, it’s your fault is a ridiculous stance.
You can’t say “you can do this thing that we know will cause problems that you have no way to mitigate, but if it does we’re not liable”. The infringement was a foreseeable consequence of the policy.
From the foundation's point of view, humans are just as capable of submitting infringing code as AI is, so the only requirement . If your argument is sound, then how can Linux accept contributors at all?
For comparison, you wouldn't say, "you're free to use a pair of dice to decide what material to build the bridge out of, as long as you take responsibility if it falls down", because then of course somebody would be careless enough to build a bridge that falls down.
Preventing the problem from the beginning is better than ensuring you have somebody to blame for the problem when it happens.
I'm not talking about maintainability or reliability. I'm talking about legal culpability.
Am I being too pedantic if I point out that it is quite possible for code to be compatible with GPL-2.0 and other licenses at the same time? Or is this a term that is well understood?
https://spdx.org/licenses/GPL-2.0-only.html It's a specific GPL license (as opposed to GPL 2.0-later)
LLMs are lossily-compressed models of code and other text (often mass-scraped despite explicit non-consent) which has licenses almost always requiring attribution and very often other conditions. Just a few weeks ago a SOTA model was shown to reproduce non-trivial amounts of licensed code[0].
The idea of intelligence being emergent from compression is nothing new[1]. The trick here is giving up on completeness and accuracy in favor of a more probabilistic output which
1) reproduces patterns and interpolates between patterns of training data while not always being verbatim copies
2) serves as a heuristic when searching the solution-space which is further guided by deterministic tools such as compilers, linters, etc. - the models themselves quite often generate complete nonsense, including making up non-existent syntax in well-known mainstream languages such as C#.
I strongly object to anthropomorphising text transformers (e.g. "Assisted-by"). It encourages magical thinking even among people who understand how the models operate, let alone the general public.
Just like stealing fractional amounts of money[3] should not be legal, violating the licenses of the training data by reusing fractional amounts from each should not be legal either.
[0]: https://news.ycombinator.com/item?id=47356000
[1]: http://prize.hutter1.net/
[2]: https://en.wikipedia.org/wiki/ELIZA_effect
[3]: https://skeptics.stackexchange.com/questions/14925/has-a-pro...
I don't think this is anthropomorphising, especially considering they also include non-LLM tools in that "Assisted-by" section.
We're well past the Turing test now, whether these things are actually sentient or not is of no pragmatic importance if we can't distinguish their output from a sentient creature, especially when it comes to programming.
It should be either something like "(partially/completely) generated by" or if you want to include deterministic tools, then "Tools-used:".
The Turing test is an interesting thought experiment but we've seen it's easy for LLMs to sound human-like or make authoritative and convincing statements despite being completely wrong or full of nonsense. The Turing test is not a measure of intelligence, at least not an artificial one. (Though I find it quite amusing to think that the point at which a person chooses to refer to LLMs as intelligence is somewhat indicative of his own intelligence level.)
> whether these things are actually sentient or not is of no pragmatic importance if we can't distinguish their output from a sentient creature, especially when it comes to programming
It absolutely makes a difference: you can't own a human but you can own an LLM (or a corporation which is IMO equally wrong as owning a human).
Humans have needs which must be continually satisfied to remain alive. Humans also have a moral value (a positive one - at least for most of us) which dictates that being rendered unable to remain alive is wrong.
Now, what happens if LLMs have the same legal standing as humans and are thus able to participate in the economy in the same manner?
Humans for humans!
Don't let skynet win!!!
pre "clanker-linux".
I am more intrigued by the inevitable Linux distro that will refuse any code that has AI contributions in it.
This is essentially like a retail store saying the supplier is responsible for eliminating all traces of THC from their hemp when they know that isn’t a reasonable request to make.
It’s a foreseeable consequence. You don’t get to grant yourself immunity from liability like this.
2. Infringement in closed source code isn’t as likely to be discovered
3. OpenAI and Anthropic enterprise agreements agree to indemnify (pay for damages essentially) companies for copyright issues.
This format really took off in the Python community in the 2000's for documentation. The Linux kernel has used it for documentation as well for a while now.
Open source is dead, having had its code stolen for use by vibe-coding idiots.
Make no mistake, this is the end of an era.
> Signed-Off ...
> The human submitter is responsible for:
> Reviewing all AI-generated code
> Ensuring compliance with licensing requirements
> Adding their own Signed-off-by tag to certify the DCO
> Taking full responsibility for the contribution
> Attribution: ... Contributions should include an Assisted-by tag in the following format:
I am sure that this was reviewed by attorneys before being published as policy, because of the copyright implications.
Hopefully this will set the trend and provide definitive guidance for a number of Devs that were not only seeing the utility behind ai assistance but also the acrimony from some quarters, causing some fence-sitting.
I just don't think that's realistically achievable. Unless the models themselves can introspect on the code and detect any potential license violations.
If you get hit with a copyright violation in this scheme I'd be afraid that they're going to hammer you for negligence of this obvious issue.
bitwize•2h ago