The GNU Compiler Collection will reject copyright-significant contributions derived from LLM output, with limited exceptions for trivial changes and test cases.
I’ve had similar trouble understanding this aspect in the past, so I’ll share how it now makes sense to me, within the frameworks of existing IP law. IANAL.
Copyright law protects a specific, tangible work from duplication, meaning that if someone directly derives an unauthorized copy from an original work (eg scanning a book), then that’s copyright infringement. However, copyright law does not simply look at whether a copy is identical to the original. There must be an analysis of the provenance of the copy: did the copy come from the original?
Two people can separately stand at the Grand Canyon visitor center and use their own cameras to take identical film photos from the same vantage point, such that the developed film is identical in every way. And yet, neither has violated each other’s copyright, because neither photo came from the other. Person A can sell their copy to a magazine, while Person B distributes copies for free with their holiday cards. This is all A-OK.
The trouble is when somebody suspects infringement, because they see a copy that looks unusual similar to an original. If they decide to raise a copyright lawsuit, then the defense would like a way to affirmatively show that “no, our copy didn’t come from your original”. How do they do this?
In software, the approach would be to methods like the clean room approach. This is explicitly a method for legal reverse engineering, precisely to avoid copyright concerns. It works because while copyright protects a tangible work, it does not protect the ideas recorded by that work. So if somebody was given only the idea, and tasked with writing the software that re-implements that idea but without ever seeing the original, then the resulting work cannot possibly have been based on the original work. Rarher, it’s just a take on the same idea, which is allowed to be similar, in the same way as the photo of the Grand Canyon. There is no straight line that connects the supposed copy to the original work, apart from the idea itself, which copyright does not cover.
With LLMs, there is zero assurance that any clean room approach was followed. By training directly on original, copyrighted works, there is a cloud of uncertainty about whether the LLM is regurgitating parts of the original (which would be infringement) or if it actually reduced the user’s prompt into an idea, and then independently generated code which implemented that idea.
Copyright infringement poisons everything that is derived thereafter, so even the spectre of a doubt causes problems, because if GNU or whoever else builds atop questionable copyrighted software, that foundation collapse suddenly if someone brings a lawsuit to enforce their copyright. And those are pricey to defend, even if it’s without merit.
The clean room method, when followed faithfully, is a way to discourage potential litigants from even filing a lawsuit, because it’s clearly obvious that they would fail to prove a connection to the original work. Patents are a different story (where ideas are protected).
LLMs basically have the same problem as when an engineer quits and goes to work for a competitor. Will they have (accidentally or not) taken trade secrets with them and implemented those in the competitor’s product? A well-advised company would go through great lengths to make sure that engineer isn’t working directly on a competing product, to avoid a costly lawsuit. LLMs do no such mitigation.
I expect that corporations will not sue for copyright infringement because that would set precedent that would make themselves susceptible to being sued for the same infringement. Bit contemporary copyright law looks like a trash fire to me, so I am in no position to predict anything
Corporations even before AI have sued each other, precisely on the premise that “your code looks like ours. We think you stole it” and then have a petty fight in court because their lawyers couldn’t hash out a settlement.
Now with so-called AI washing, it’s only going to get worse, because LLM generated code doesn’t have to be 100% identical to be considered a derivative copy of the original. It all goes back to the central question: did this copy come from this original work?
The corporate IP lawyers will be making bank off of the ambiguity.
I’ve had similar trouble understanding this aspect in the past, so I’ll share how it now makes sense to me, within the frameworks of existing IP law. IANAL.
Copyright law protects a specific, tangible work from duplication, meaning that if someone directly derives an unauthorized copy from an original work (eg scanning a book), then that’s copyright infringement. However, copyright law does not simply look at whether a copy is identical to the original. There must be an analysis of the provenance of the copy: did the copy come from the original?
Two people can separately stand at the Grand Canyon visitor center and use their own cameras to take identical film photos from the same vantage point, such that the developed film is identical in every way. And yet, neither has violated each other’s copyright, because neither photo came from the other. Person A can sell their copy to a magazine, while Person B distributes copies for free with their holiday cards. This is all A-OK.
The trouble is when somebody suspects infringement, because they see a copy that looks unusual similar to an original. If they decide to raise a copyright lawsuit, then the defense would like a way to affirmatively show that “no, our copy didn’t come from your original”. How do they do this?
In software, the approach would be to methods like the clean room approach. This is explicitly a method for legal reverse engineering, precisely to avoid copyright concerns. It works because while copyright protects a tangible work, it does not protect the ideas recorded by that work. So if somebody was given only the idea, and tasked with writing the software that re-implements that idea but without ever seeing the original, then the resulting work cannot possibly have been based on the original work. Rarher, it’s just a take on the same idea, which is allowed to be similar, in the same way as the photo of the Grand Canyon. There is no straight line that connects the supposed copy to the original work, apart from the idea itself, which copyright does not cover.
With LLMs, there is zero assurance that any clean room approach was followed. By training directly on original, copyrighted works, there is a cloud of uncertainty about whether the LLM is regurgitating parts of the original (which would be infringement) or if it actually reduced the user’s prompt into an idea, and then independently generated code which implemented that idea.
Copyright infringement poisons everything that is derived thereafter, so even the spectre of a doubt causes problems, because if GNU or whoever else builds atop questionable copyrighted software, that foundation collapse suddenly if someone brings a lawsuit to enforce their copyright. And those are pricey to defend, even if it’s without merit.
The clean room method, when followed faithfully, is a way to discourage potential litigants from even filing a lawsuit, because it’s clearly obvious that they would fail to prove a connection to the original work. Patents are a different story (where ideas are protected).
LLMs basically have the same problem as when an engineer quits and goes to work for a competitor. Will they have (accidentally or not) taken trade secrets with them and implemented those in the competitor’s product? A well-advised company would go through great lengths to make sure that engineer isn’t working directly on a competing product, to avoid a costly lawsuit. LLMs do no such mitigation.
I expect that corporations will not sue for copyright infringement because that would set precedent that would make themselves susceptible to being sued for the same infringement. Bit contemporary copyright law looks like a trash fire to me, so I am in no position to predict anything
Corporations even before AI have sued each other, precisely on the premise that “your code looks like ours. We think you stole it” and then have a petty fight in court because their lawyers couldn’t hash out a settlement.
Now with so-called AI washing, it’s only going to get worse, because LLM generated code doesn’t have to be 100% identical to be considered a derivative copy of the original. It all goes back to the central question: did this copy come from this original work?
The corporate IP lawyers will be making bank off of the ambiguity.