> If AI code is not copyrightable, then no license can govern it.
This is the crux of the issue. A license controls usage of copyrighted intellectual property. Until the underlying copyright/ip issues are resolved, it seems a moot point to discuss licensing.
That said, if AI code is _not_ copyrightable, does it automatically go into the public domain? Or is there a third category?
[−]TheOtherHobbes · 2026-11-15 Sun 16:09 UTC ·
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The distinction is between creation and distribution.
Even if you accept that AI code isn't protected by copyright, code isn't public domain unless it's released. The legal issue would likely revolve around what 'released' means.
Code that runs on private servers isn't technically released. Code in web pages technically is.
But ultimately legal decisions decide to a large extent on who has the most money.
The frontier labs may eventually try to argue that they own the IP of all code, content, and inventions generated using their technology. That argument may or may not stand, and it's more likely to be over patent rights than plain copyright.
But there's a fair chance they'll try it once AI is unavoidably embedded in everyone's workflow.
Maybe the Do What The F*ck You Want To Public License (WTFPL). Its a super-permissive open-source license that acts almost like a public domain dedication.
> That said, if AI code is _not_ copyrightable, does it automatically go into the public domain? Or is there a third category?
It means that AI-generated code, including proprietary code, is not covered by the existing license mechanisms, including EULAs. Companies will of course handwave over this, but it would not surprise me if this is challenged in court at some point.
This is the crux of the issue. A license controls usage of copyrighted intellectual property. Until the underlying copyright/ip issues are resolved, it seems a moot point to discuss licensing.
That said, if AI code is _not_ copyrightable, does it automatically go into the public domain? Or is there a third category?
Even if you accept that AI code isn't protected by copyright, code isn't public domain unless it's released. The legal issue would likely revolve around what 'released' means.
Code that runs on private servers isn't technically released. Code in web pages technically is.
But ultimately legal decisions decide to a large extent on who has the most money.
The frontier labs may eventually try to argue that they own the IP of all code, content, and inventions generated using their technology. That argument may or may not stand, and it's more likely to be over patent rights than plain copyright.
But there's a fair chance they'll try it once AI is unavoidably embedded in everyone's workflow.
It means that AI-generated code, including proprietary code, is not covered by the existing license mechanisms, including EULAs. Companies will of course handwave over this, but it would not surprise me if this is challenged in court at some point.