That's an intriguing twist, isn't it? It could lead to a tug-of-war.
Working backwards: if it is possible to confirm 100% confidence that a chunk of text is LLM output, then it is "PD until proven otherwise". How can a human reliably assert human authorship of their source text? When all watermark tests fail? Is that proof of humanity now?
If a human proves human authorship, and LLM watermarking tests positive, then is that going to be considered a "derivative work" or not? What if there is an applicable license for the source work, such as "CC-BY-ND" that prohibits derivative works?
This has not been court-tested, and I expect that it will need testing at that level before we can have any assurances.
That's an intriguing twist, isn't it? It could lead to a tug-of-war.
Working backwards: if it is possible to confirm 100% confidence that a chunk of text is LLM output, then it is "PD until proven otherwise". How can a human reliably assert human authorship of their source text? When all watermark tests fail? Is that proof of humanity now?
If a human proves human authorship, and LLM watermarking tests positive, then is that going to be considered a "derivative work" or not? What if there is an applicable license for the source work, such as "CC-BY-ND" that prohibits derivative works?
This has not been court-tested, and I expect that it will need testing at that level before we can have any assurances.