and for the record i'm not talking about making code to create art like a game or something. i'm saying *the code itself* can be art. a perfectly constructed api, a framework that fits together just so, when code comes together in a beautiful harmony, *that is art*, it requires artistry to create!
i don't know what AI brainrot has made otherwise prolific and proficient coders think that there's suddenly no distinguishing factors between good code, code written with artistry, and bad code, but it's baffling when this is a thing that we can measure and have measured in the past and they fucking know it
I hope we agree that numerous open protocols for social media makes it less likely that we build momentum from people leaving the closed platforms. similar to the complaints people have about which fedi instance to join, except worse because they don't interop without your bridge etc. another step and thing they have to understand etc. maybe they use nostr...
so I'll agree more decentralization isn't the single ultimate goal. they must at least also work together forever.
@bkuhn @ossguy @richardfontana Except, I actually believe this scenario isn't legally viable. And it's easier to understand if we scale back to the middle case.
Let's now look at the LLM trained on CC0 and CC BY. Because it's the BY aspect that makes everything complicated.
There is *NO WAY* in current LLM technology, nor I believe from studying how neural networks work, any viable computationally performant LLM, that they can track provenance. The BY clause cannot be upheld.
This isn't a theoretical concern for me; someone built another vibecoded Scheme-to-WASM-GC compiler that looks an awful lot like Spritely's own Hoot compiler in places. They didn't attribute us. They probably didn't know. But like many FOSS licenses, Apache v2 does require certain levels of attribution to be upheld. Most FOSS projects do.
You can't uphold the CC BY requirement, as far as I can tell.
@bkuhn @ossguy @richardfontana Regarding the one containing CC0, CC BY, and CC BY-SA, the situation is more uncertain and seems highly affected by legal outcomes in upcoming law and cases to be set. There is the possibility that indeed, the LLM is considered a slurry of inputs and this is legally acceptable, and effectively any output which is not verbatim of its inputs in some way is effectively under the public domain.
Now, of course, the problem is that we don't have to just worry about the US, we have to worry *internationally*. When considered from this angle, that FOSS is an international endeavour, this hope that things are in the public domain feels a lot dicier.
The assumption is that then this effectively leads to the output being under the terms of CC BY-SA. This is fine, great even, right?! Because effectively everything is share-alike (Bradley I don't wanna get into whether BY-SA is copyleft or something weaker). We slap CC BY-SA on the output, it's fine. Right??????
@bkuhn @ossguy @richardfontana First let's imagine the only-CC0 based LLM.
I would fully agree that no matter the law and legal case law passed and established, the CC0 based input LLM is clearly effectively in the public domain, or like CC0 itself, equivalent to it. This one is relatively simple.
Let's make things more complicated.
@bkuhn @ossguy @richardfontana Rather than focus on the GPL, let's choose a different copyleft license. In fact, let's choose a gradient of licenses.
- CC0's public domain declaration w/ minimal fallback license
- CC BY
- CC BY-SA
Imagine for a moment an LLM trained entirely on the above three licenses, and then one that's CC BY and CC0, and then one that's just CC0.
Let's look at both extremes and then we'll find out the real dangers come from observing the middle.
However, it's not actually the laundering angle I am concerned with here entirely, it's whether we're turning FOSS codebases into potential legal toxic waste dumps that we will have a hell of a time cleaning up later.
The previous Conservancy post, which @bkuhn linked upthread, indicates that Conservancy does indeed consider the matter unsettled.
Current LLMs wouldn't "default to copyleft", since they also include all-rights-reserved mixed in there. If the result of output of these systems is a slurry of inputs which carry their licensing somehow, their default licensing output situation is one of a hazard.
I note that @bkuhn and @ossguy seem to be hinting at hoping a "copyleft based LLM" with all-copyleft output it a winning scenario. I'm going to state plainly: I believe that's an impossible outcome.
@bkuhn @ossguy @richardfontana Part of the problem here is that the AI companies have set the stage themselves. Their presumption is that it's fine to absorb effectively all open and "indie" content, and that this is entirely fair to pull into a model without any legal implications, whereas potentially yes, you may need to "license" something that looks like a Disney character. In the land of code, I also sense that Microsoft is perfectly fine with the idea that you can "copyright launder" a codebase from the GPL to perhaps the public domain, but if someone did that to their own leaked source code, they would be very upset.
Meanwhile, a friend of mine who works in films has said that he keeps hearing rumors that OpenAI would like a cut of stuff made with their stuff. We should presume tthat true.
Regardless, I'm sure everyone on this thread wants an *equitable* situation for proprietary and FOSS licensing. I'll expand on that more in a moment though.