This could be read as a reformulation of the old adage - "what's mine is mine, and what is yours, is mine too".

So, you can pilfer the commons ("public") but not stuff unavailable in source form.

If we expand your thought experiment to other forms of expression, say videos on YT or Netflix, then yes.

I don't think you can classify "public data in" as public domain. Public data could also include commercial licenses which forbid using it in any way other than what the license states. Just because the source is open for viewing does not necessarily mean it is OSL.

That's the core issue here. All models are trained on ALL source code that is publicly available irrespective of how it was licensed. It is illegal but every company training LLMs is doing it anyways.

Lawyer here. Its not. This article is highly confused. The case was about whether an AI could be considered an author for copyright purposes. Mainly as a way of arguing for robot rights, not copyright. The person listed the AI as the sole author: On the application, Dr. Thaler listed the Creativity Machine as the work’s sole author and himself as just the work’s owner.

This is not the first time someone tried to say a machine is the author. The law is quite clear, the machine cant be an author for copyright purposes. Despite all the confused news articles, this does not mean if claude writes code for you it is copyright free. It just means you are the author. Machines being used as tools to generate works is quite common, even autonomously. ill steal from the opinion here:

In 1974, Congress created the National Commission on New Technological Uses of Copyrighted Works (“CONTU”) to study how copyright law should accommodate “the creation of new works by the application or intervention of such automatic systems or machine reproduction.”

...

This understanding of authorship and computer technology is reflected in CONTU’s final report: On the basis of its investigations and society’s experience with the computer, the Commission believes that there is no reasonable basis for considering that a computer in any way contributes authorship to a work produced through its use. The computer, like a camera or a typewriter, is an inert instrument, capable of functioning only when activated either directly or indirectly by a human. When so activated it is capable of doing only what it is directed to do in the way it is directed to perform.

...

IE When you use a computer or any tool you are still the author.

The court confirms this later:

Contrary to Dr. Thaler’s assumption, adhering to the human-authorship requirement does not impede the protection of works made with artificial intelligence. Thaler Opening Br. 38-39. First, the human authorship requirement does not prohibit copyrighting work that was made by or with the assistance of artificial intelligence. The rule requires only that the author of that work be a human being—the person who created, operated, or used artificial intelligence—and not the machine itself. The Copyright Office, in fact, has allowed the registration of works made by human authors who use artificial intelligence.

There are cases where the use of AI made something uncopyrightable, even when a human was listed as the author, but all of the ones i know are image related.

What about doing that with movies and music?