this post was submitted on 13 Feb 2026
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[–] HappyFrog@lemmy.blahaj.zone 259 points 1 month ago (49 children)

As much as I wish this was true, I don't really think it is.

[–] lung@lemmy.world 200 points 1 month ago (3 children)

It's just unsettled law, and the link is basically an opinion piece. But guess who wins major legal battles like this - yep, the big corps. There's only one way this is going to go for AI generated code

[–] Droechai@piefed.blahaj.zone 26 points 1 month ago (1 children)

Worst case is that its the owner of the agent that recieves the copyright, so all vibe coded stuff outside local ai will be claimed by the big corpos

[–] Grail@multiverse.soulism.net 16 points 1 month ago (4 children)

I actually think that's the best case because it would kill enterprise adoption of AI overnight. All the corps with in-house AI keep using and pushing it, but every small to medium business that isn't running AI locally will throw it out like yesterday's trash. OpenAI's stock price will soar and then plummet.

[–] Grimy@lemmy.world 22 points 1 month ago (1 children)

The big AI companies would just come out with a business subscription that explicitly gives you copyright.

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[–] PlzGivHugs@sh.itjust.works 33 points 1 month ago (2 children)

It is true that AI work (and anything derived from it that isn't significantly transformative) is public domain. That said, the copyright of code that is a mix of AI and human is much more legally grey.

In other work, where it can be more separated, individual elements may have different copyright. For example, a comic was made using AI generated images. It was ruled that all the images were thus public domain. Despite that, the text and the layout of the comic was human-made and so the copyright to that was owned by the author. Code, obviously can't be so easily divided up, and it will be much harder to define what is transformative or not. As such, its a legal grey area that will probably depend on a case-by-case basis.

[–] ssfckdt@lemmy.blahaj.zone 19 points 1 month ago

Yeah, it's like products that include FOSS in them, only have to release the FOSS stuff, not their proprietary. (Was kind of cute to find the whole GNU license buried in the menus of my old TiVo...)

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[–] ZILtoid1991@lemmy.world 69 points 1 month ago (3 children)

I think, to punish Micro$lop for its collaboration with fascists and its monopolistic behavior, the whole Windows codebase should be made public domain.

[–] whyNotSquirrel@sh.itjust.works 36 points 1 month ago (3 children)

does the public really want more garbage than they already has?

[–] Skullgrid@lemmy.world 39 points 1 month ago

Do you not want all the hardware support Linux is missing to suddenly become available?

[–] MonkderVierte@lemmy.zip 15 points 1 month ago* (last edited 1 month ago) (1 children)

The kernel and NTFS seem decent from what i heard. Or at least was (the kernel, no guess what they vibecoded into it now).

About NTFS: it was actually pretty good for it's time (90s), but the tooling makes no use of some of it's better features and abuses some others close to breaking point. Literally pearls for the sows.

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[–] bitwolf@sh.itjust.works 11 points 1 month ago* (last edited 1 month ago)

We don't have to use it for anything other than compatibility.

Personally I'd very much like for ACPI to be un-fucked

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[–] fubarx@lemmy.world 67 points 1 month ago (2 children)

This whole post has a strong 'Sovereign Citizen' vibe.

[–] GalacticSushi@lemmy.blahaj.zone 16 points 1 month ago

I do not give Facebook or any entities associated with Facebook permission to use my pictures, information, messages, or posts, both past and future.

[–] brianary@lemmy.zip 15 points 1 month ago (1 children)

The Windows FOSS part, sure, but unenforceable copyright seems quite possible, but probably not court-tested. I mean, AI basically ignored copyright to train in the first place, and there is precedent for animals not getting copyright for taking pictures.

[–] CanadaPlus@lemmy.sdf.org 15 points 1 month ago* (last edited 1 month ago) (1 children)

If it's not court tested, I'm guessing we can assume a legal theory that breaks all software licensing will not hold up.

Like, maybe the code snippets that are AI-made themselves can be stolen, but not different parts of the project.

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[–] RagingRobot@lemmy.world 54 points 1 month ago (2 children)

That's not even remotely true....

[–] chaogomu@lemmy.world 44 points 1 month ago (5 children)

The law is very clear that non-human generated content cannot hold copyright.

That monkey that took a picture of itself is a famous example.

But yes, the OP is missing some context. If a human was involved, say in editing the code, then that edited code can be subject to copyright. The unedited code likely cannot.

Human written code cannot be stripped of copyright protection regardless of how much AI garbage you shove in.

Still, all of this is meaningless until a few court cases happen.

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[–] biotin7@sopuli.xyz 35 points 1 month ago (14 children)

Anything built by AI/LLMs should be FOSS by law. Oh I dream of the day.

[–] Honytawk@feddit.nl 16 points 1 month ago

Your wish is granted.

But you can only view the source code through an LLM

a finger on the monkey paw curls

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[–] iglou@programming.dev 34 points 1 month ago* (last edited 1 month ago) (16 children)

That sounds like complete bullshit to me. Even if the logic is sound, which I seriously doubt, if you use someone's code and you claim their license isn't valid because some part of the codebase is AI generated, I'm pretty sure you'll have to prove that. Good luck.

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[–] meekah@discuss.tchncs.de 33 points 1 month ago (2 children)

Aren't you all forgetting the core meaning of open source? The source code is not openly accessible, thus it can't be FOSS or even OSS

This just means microslop can't enforce their licenses, making it legal to pirate that shit

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[–] Fontasia@feddit.nl 29 points 1 month ago

Stallman: "Oh man, not like this."

[–] Michal@programming.dev 23 points 1 month ago (15 children)

Counterpoint: how do you even prove that any part of the code was AI generated.

Also, i made a script years ago that algorithmically generates python code from user input. Is it now considered AI-generated too?

[–] Wiz@midwest.social 12 points 1 month ago (4 children)

i made a script years ago that algorithmically generates python code from user input. Is it now considered AI-generated too?

No, because you created the generation algorithm. Any code it generates is yours.

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[–] mfed1122@discuss.tchncs.de 19 points 1 month ago

This reminds me of that scene in Breaking Bad where the two morons were talking about how if you ask an undercover cop if they're cop they legally have to tell you the truth

[–] Evil_Shrubbery@thelemmy.club 17 points 1 month ago (2 children)

By that same logic LLMs themselves (by now some AI bro had to vibe code something there) & their trained datapoints (which were on stolen data anyway) should be public domain.

What revolutionary force can legislate and enforce this?? Pls!?

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[–] akmur@lemmy.world 15 points 1 month ago (3 children)

how can you tell if it's AI generated? you can't

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[–] ricecake@sh.itjust.works 14 points 1 month ago

That's not what that research document says. Pretty early on it talks about rote mechanical processes with no human input. By the logic they employ there's no difference between LLM code and a photographer using Photoshop.

[–] phoenixz@lemmy.ca 14 points 1 month ago

So by that reasoning all Microsoft software is open source

Not that we'd want it, it's horrendously bad, but still

[–] explodicle@sh.itjust.works 11 points 1 month ago (1 children)

Oh darn, our CEO told us to use LLMs to write all this code, and now the good parts might be used for something that helps people. Not our copyrights!

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[–] Kazumara@discuss.tchncs.de 11 points 1 month ago (1 children)

How the hell did he arrive at the conclusion there was some sort of one-drop rule for non-protected works.

Just because the registration is blocked if you don't specify which part is the result of human creativity, doesn't mean the copyright on the part that is the result of human creativity is forfeit.

Copyright exists even before registration, registration just makes it easier to enforce. And nobody says you can't just properly refile for registration of the part that is the result of human creativity.

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[–] ConstantPain@lemmy.world 11 points 1 month ago

According to this guy...

[–] Blackmist@feddit.uk 11 points 1 month ago (1 children)

That's terrible news. There's no way I want my code to be open source. Then other people would see just how much spaghetti you can have in a codebase and still have it run.

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[–] ToTheGraveMyLove@sh.itjust.works 11 points 1 month ago

Public domain ≠ FOSS

[–] ChaoticNeutralCzech@feddit.org 11 points 1 month ago (1 children)

Windows is not even source-available. Windows XP is source-unintentionally-available thanks to a leak but there's no AI loophole in that.

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[–] kokesh@lemmy.world 10 points 1 month ago (2 children)

As it should. All the idiots calling themselves programmers, because they tell crappy chatbot what to write, based on stolen knowledge. What warms my heart a little is the fact that I poisoned everything I ever wrote on StackOverflow just enough to screw with AI slopbots. I hope I contributed my grain of sand into making this shit little worse.

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[–] Alberat@lemmy.world 9 points 1 month ago (4 children)

windows engineers have probably been copying snippets from stackoverflow for decades, which may have been copied from the kernel or some other copyleft product

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[–] Natanael@infosec.pub 9 points 1 month ago

Not how copyright works. Adding something with creative height together with something without leaves the combined work with ownership only of the part with creative height with the rest unprotected.

(bots can not achieve creative height by definition in law)

[–] SCmSTR@lemmy.blahaj.zone 9 points 1 month ago

The the greatest intellectual property theft and laundering scheme in human history

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