this post was submitted on 16 Apr 2026
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Its fine that they dont want ai generated code, but its not a license issue. I am very aware of the FUD article circulating around but two things.
based on the copyright ruling, ai code is public domain code. You can include the code.
a submission of code doesnt invalidate the entire project. A license or copyright is for a project. So entire project gerated by ai cant be copyrighted.
This us why the linux team is ok with it.
I'm not sure the law is as settled as you're making it out to be here... We're still watching a lot of these questions slowly trickle up the courts.
In my opinion, the idea that someone can feed a bunch of unlicensed copyrighted material as input into a generative AI meat grinder and produce public domain outputs doesn't really pass the smell test to me.
For example, could I take use an LLM trained on GPL code to rewrite Linux in a legally distinct way, and then treat it as permissive or proprietary code after minor modifications? Likewise, can you train an LLM on someone else's proprietary code and rewrite it as a GPL program?
This sort of copyright/license laundering seems like an existential threat to the way that copyleft FOSS has existed for decades. I think it makes a lot of sense to be extremely cautious and skeptical of AI-generated code submissions.
Edit: I also want to point out that the issue of whether or not it can be considered "fair use" to train generative AI models on unlicensed copyrighted works is very much an open question. If it was determined that it isn't always fair use, then I don't know what that might mean for many of the existing models that have been trained that way, or the outputs that they produce.
People are doing that without AI, see rust based "improved" core utils or moss kernel.
Ok, so, someone used an LLM do create changes. This new code is no longer under the project license it is, as you say, public domain.
Move forward 400 commits. At what point is most of the code public domain?
While correct you still missed the point completely.
So,not make this as clear as possible: You can not license LLM generated code. Not under GPL, z lib or other copyleft licenses. It may work with public domain licenses.
For MIT licensed projects there is not a big issue.
For the kernel, have a look at the rules. AI models may assist only.
You hit the framing issue right on the head. People keep using code and project interchangeably. Code has never been able to be copyrighted. You cant copyright a for loop. I cant create a car class that has properties like make, model, year and copywrite it. Thats never been a thing. Thats why projects are copyrighted. An entire piece of work.
Now your Ship of Theseus has a debateable point. If every single line of code is ai written, does it become an ai project. I woild argue not because of himan involvement to get it there. I also dont see it happening. Not every line of code is replaced. But if it was, that would be a court challenge.
So, by your logic I take the kernel source, or parts of it and use them verbatim in my property project?
You can see yourself that you are talking bullshit?
Or course code is and was licensable. Because code is more then hast if, else, for, while.
Ever seen that some code in some projects is dual licensed?
Why would anyone need this if only while projects are licensable?
https://interoperable-europe.ec.europa.eu/collection/eupl/licence-compatibility-permissivity-reciprocity-and-interoperability
What you are referencing is a project using other projects. You very much can take a function use it. Its when what you take starts to resemble the whole that it becomes a problem. But if you see a project and say "hey i like how they store files in this collection.", you can use that. Now if you are making a kernel and rip out code tlthat resembles a kernel then no.
Citation needed
Every single complete sentence in this quote is factually wrong, under both USA copyright law and international copyright law.
Copyright accrues the moment that some work is rendered into a fixed format, such as a sheet of paper but also includes a computer text file. Writing a "for" loop as a homework assignment does create copyright. Ten students writing their homework all create their own copyright, even if the result is coincidentally identical. This isn't even a point of serious doubt in the law: copyright is very much an exercise of provenance, not of bitwise comparisons.
From when a work is created, every transformation, edit, or addition must all occur within the parameters of some sort of license from the copyright owner, or else an infringement has occurred.
Two people may stand at the same position at the foot of Mt Whitney in California and set up their own camera, one after another, on the same tripod to take the same frame of the scenery. And under copyright law, each owns the copyright to their own photo. One may decide to sell their photo and copyright to an East Coast newspaper, while the other has theirs committed to canvas. The newspaper may not assert a copyright claim against the canvas owner, and the canvas owner cannot assert a claim against the newspaper.
It's all fun and games until an LLM outputs someone else's AGPL code and you merge that into your codebase.
Microslop had an oopsie this February, actually. Their (de)genAI plagiarized a diagram: https://nvie.com/posts/15-years-later/