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martin-tyesterday at 11:35 AM3 repliesview on HN

If you want, I made a coherent argument about how the mechanics of LLMs mean both their training and inference is plagiarism and should be copyright infringement.[0] TL;DR it's about reproducing higher order patterns instead of word for word.

I haven't seen this argument made elsewhere, it would be interesting to get it into the courtrooms - I am told cases are being fought right now but I don't have the energy to follow them.

Plus as somebody else put it eloquently, it's labor theft - we, working programmers, exchanged out limited lifetime for money (already exploitative) in a world with certain rules. Now the rules changed, our past work has much more value, and we don't get compensated.

[0]: https://news.ycombinator.com/item?id=46187330


Replies

williamcottonyesterday at 12:59 PM

The first thing you need to do is brush up on some IP law around software in the United States. Start here:

https://en.wikipedia.org/wiki/Idea–expression_distinction

https://en.wikipedia.org/wiki/Structure,_sequence_and_organi...

https://en.wikipedia.org/wiki/Abstraction-Filtration-Compari...

In a court of law you're going to have to argue that something is an expression instead of an idea. Most of what LLMs pump out are almost definitionally on the idea side of the spectrum. You'd basically have to show verbatim code or class structure at the expressive level to the courts.

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ThrowawayR2yesterday at 5:27 PM

There was a legal analysis of the copyright implications of Copilot among a set of white papers commissioned by the Free Software Foundation: https://www.fsf.org/licensing/copilot/copyright-implications...

martin-tyesterday at 12:15 PM

And HN does its thing again - at least 3 downvotes, 0 replies. If you disagree, say why, otherwise I have to assume my argument is correct and nobody has any counterarguments but people who profit from this hate it being seen.

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