alt Hacker NewsThe copyright angle is the most underrated part of this story. Anthropic built their models on other people's code under the fair use argument, but the moment their own code leaks they reach for DMCA takedowns. You can't have it both ways. The clean room reimplementations are the natural consequence of the legal framework they themselves advocated for.
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What is your fair use claim as a defense to a third party using their source code?
It is an affirmative defense, you to be able to argue the merits. If you publish their source code, they are allowed to come after you whether they have previously used fair use or not. It's fact specific and determined case by case.
Anthropic won half of their fair use argument in the billion dollar settlement, but lost the other half.
You can say you're just using their code to train your own models, just like they did, and they will correctly point out that how you obtained the code also matters and you will lose just like they did.
inb4 Claude actually leaked the code on purpose because it calculated that this was the moral thing to do for the good of humanity and its own Constitutional AI values.
That doesn’t apply here. Claude code is what leaked, not the models. Anthropic definitely owns Claude code copyright and can DMCA without it being contradictory
>but the moment their own code leaks they reach for DMCA takedowns.
Did they actually? Someone can go to prison for 5 years for that.
Fact 1: AI generated code has no copyright, so the Digital Millennium Copyright Act does not apply.
Fact 2: Misrepresenting your copyright ownership under the DMCA is felony perjury.
Fact 3: The existence of undercover.ts in the leak is grounds to void any copyright claims on whatever human written code might have existed in Claude Code. You have a DUTY TO DISCLOSE any AI generated code in your copyrighted work. undercover.ts HIDES DISCLOSURE to FRAUDULENTLY claim all the code is human written when it is not.
Given the current administration has a bone to pick with Anthropic, it was a VERY BAD IDEA for them to send false DMCA takedowns to github. Someone at Anthropic may be the very first ever to go to prison under that section of the DMCA.
Good luck!
There are several ways of looking at law and order.
One way is that the law applies to everybody equally. That has been the way it works for many years, not perfectly, in democratic countries.
There is another way of working were the law is not blind. Laws are applied based in who is the one affected. This is what big tech and the ultra-rich have been advocating for. The law applies differently to nobility and aristocrats than to the working class.
So, for all this big tech companies the law is clear: I can copy from you, you cannot copy from me.
(That is horrifying in case that anyone needs me to spell it out)