This is now the open source problem. And why my personal opus of work has been removed from online repositories.
Who gave them "the right to scan"? You did by hosting your open source in public. But scanning a public service prior to AI was still covered by "Unauthorized System Access".
But what if they are wrong, and given the self-serving nature of these scans, now your repo is just OJ Simpson? And your software is banned due to an external scan you did not ask for?
Is there no one in this world who will be accountable for any thing at all? Can we sue the scanners if they are wrong and publish their results for defamation even in a public PR?
These things will happen. IF I had source in the open and a scan result was incorrect that nobody asked for and the results had false positives, I would sue Anthropic for defamation and I would win.
The open source problem argues for a modification of licenses to exclude certain uncompensated use in training commercial LLMs (which may arguably already be a violation).
With careful prompting, LLMs will give up some of their sources and methods. Claude describes the legally and ethically suspect methods Anthropic used acquiring training materials for its models.
The IP law and courts are starting to catch up (re: Anthropic settlement September 2025), but licensing language and enforcement has not.