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If it's patented they can't use it...

If it's a copy left license I would say that at that point anything made by the ai should be copy left as well.

Just because you think a machine should have the right to use open source code doesn't mean the author or the license agree.

You can still read and learn from something patented. That is, after all, the whole point of a patent!

You can also read and learn from copyleft and use that learning elsewhere.

Remember, copyright does not apply to ideas. It applies to a specific individual instantiation. In theory.