this post was submitted on 23 Sep 2023
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The copyright violation has happened when the code got fed into that AI's greedy gullet, not when it came out of it's rear end.
That remains to be tested legally speaking, and I don't think it's likely to pass muster. If it was trained correctly (ie, no overfitting) the resulting AI model does not contain a copy of the training inputs in any identifiable sense.
Yes, the laws are probably muddy in Usa as usual, but rather clear here in the EU. But legal proceedings are slow, and Big Tech is making haste with their feeding.
There are many jurisdictions beyond the US and EU, Japan in particular has been very vocal about going all-in on allowing AI training. And I wouldn't say the EU's laws are "clear" until they are actually tested.