iansjack wrote: ↑Mon Sep 21, 2026 11:39 pm
If you use AI in the way you describe to create code, how can you be sure that you are not breaching someone’s copyright?
Obligatory: I'm not a lawyer, but I am a licensor.
Even if we all do only manual labor, we are still blind to the
form of each other's unpublished works. I'm not worried about infringing your copyright if we are solving the same problem, because I expect we use language differently enough to produce distinct
forms. To paraphrase an old example not mine: J.K. Rowling does not own the idea of a wizard schoolboy, she owns Harry Potter as a
form of that idea made manifest.
I'd worry about infringement when solving problems where solutions have a limited number of forms that don't translate to generic styles like recipes. The kind of stuff that makes mathematicians run out of their offices screaming like they won the lottery. I find something that specific, I'm not publishing it in the first place without a bunch of trustworthy people ready to help me check for conflicts, then loudly give me credit if they find none.
LLMs complicate this with theorem generation. See
U of Chicago's report on plagiarism and copyright for some context. Donald Knuth
credits Claude Opus 4.6 for solving one of his problems. That's like Gordon Ramsey calling a factory burger delicious, even if the patty was made from a worker that fell on the belt.
I asked a programmer with an expensive Claude subscription to generate a BigInt implementation for user-supported alphabets (UTF-8 encoding, precomposed glyphs only) for radices up to 1000, then curveballed to entertain complex bases. The scope is large enough to intimidate. Watching the live reasoning showed nothing I would call a smoking gun for infringement, because an audit entails reading 300k+ lines of test suites in Rust. I should have asked it to implement a competitive alternative to itself as a bootable image and watch how it gets evasive.
iansjack wrote: ↑Mon Sep 21, 2026 11:39 pmAnd what if someone else uses the same prompts as you. Won’t it produce the same code?
While there are patterns in outputs, no, "it's" not deterministic.
I don't know your country, but I'm in the U.S. Our
Copyright Office put out a 3 part report on this. Check the bulleted list on page iii of Part 2. To quote a bullet: "Whether human contributions to AI-generated outputs are sufficient to constitute authorship must be analyzed on a case-by-case basis." This is within language about reusing existing legislation to distinguish human and nonhuman effort within works pending registration, since you always could apply for copyright registration while recognizing parts of a work are not yours to claim.