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Comment by spwa4 | original | All AI-generated code should be Open Source
[−]spwa4 · 2026-11-15 Sun 17:07 UTC · link
It will be selective: the law is meant to protect billionaire corporations from you, not the other way around.

There was a case about this specific issue, and in order to protect billionaires from coders they effectively declared AI models "natural persons". 50+ times in the copyright act you will find only natural persons can originate copyright.

https://www.courthousenews.com/coders-lose-appeal-in-copyrig...

To give the money to billionaire corporations courts ruled DIRECTLY against established law. How much do you want to bet that when it comes to protecting ChatGPT AGAINST OpenAI, when it comes to protect Claude against Anthropic, courts will immediately do a 180 and declare them programs again?

If you look at past cases, it gets much worse. In order to justify a conviction against libraries using DRM to enforce lending, and because old licenses of course have zero language about digital copies, courts were willing to state that making a copy for fair use is not allowed if there is the mere potential for damage to the authors, as judged by the authors EVEN IF THE LICENSE EXPLICITLY ALLOWS IT. Of course, applying this to the above court case, there is no possible defense for OpenAI, after all, by that standard, the open source license doesn't even matter! That's how the law works for billionnaires. Outlawing DRM based lending has destroyed library access to an incredible amount of old works, and effectively denied access to old movies to Americans (because maintaining enough working physical copies over a large area is impossible). Whatever excuse gets the money to the billionaires!

There are many other totally absurd court judgements. For example, in order to get convictions where people didn't re-upload they had to judge that copies in buffers are also "distribution". NOT for billionaire telco's of course. Only the ones in your house. So courts judged that sending from your modem to your computer is distribution but sending over 1000 routers from Los Angeles to Athens is not! WHATEVER protects the billionaires.

As for this court case, obviously it is trivial to make a ML model that just outputs what it gets as input. Make a byte transformer, and just have diagonal matrices as layers. Boom! Done. You can also make it somewhat smarter. Let's make it copy, but make snow white a 220 pound black dude. There is a severe lack of color in old Disney movies anyway! You know, so there is no argument about transformation.

This obviously transforms its input. It's in the name. It's the EXACT same thing as ChatGPT, which according to courts originates copyright. Now run the Disney movies through it, and they'll be byte-identical BUT transformed to the input.

How much do you want to bet they'll still rule the money goes to Disney? Microsoft? So you can bet your left testicle courts will judge for selective copyright enforcement. Finding some excuse so the money keeps flowing to billionaire corporations, that's all courts do.