Stop Feeding the Machine: Time to Go Closed Source
medium.com
medium.com
1. Companies will revert to closed-source and cease contributions to F/OSS projects. Their legal team will advise them that trade secrets are the only way to protect LLM-generated code.
2. Contributors to F/OSS projects, and developers who run them, will falsely claim authorship of the code written by LLMs.
These are already the most common reactions to the current legal status of LLM-generated works. If it is "uncopyrightable" and goes into the Public Domain or equivalent, then the F/OSS ideology will be considered untenable, except where software is exclusively written by hand.
This is one major reason that Codeberg, Linux, and other projects have said "no AI contributions or repos", because there is no value in being a Public-Domain-Dumping-Ground. If there is no copyright to assign, sublicense, or transfer, then there is no value in the content to any hosting service.
Before I started running with the OSS crowd, I wanted to put my code in the public domain. I quickly learned that isn't a thing with US copyright law. Any time you create a new work (of the sort that isn't specifically excluded from copyright) it is immediately and automatically copyrighted by you in that instant. If you don't want it to be, tough. It's copyrighted. The best you could do was apply a permissive license.
But now, perhaps there's a workaround for those who really want to be something they made in the public domain: claim it was machine generated. There's an interesting thought...
On the contrary: https://lore.kernel.org/linux-media/CAHk-=wi4zC+Ze8e+p3tMv8T...
It's only "falsely" if the courts rule that LLM-written code is not copyrightable, and so far there's no indication of that happening, although I do see a lot of people secretly wishing for that to be true.
So to clarify: publishers are already claiming exclusive authorship and exclusive ownership of copyright. The exclusive authorship claims are especially problematic, even today, when major platforms are requiring tags or acknowledgement that there is genAI content in any given work.
If you went on Etsy, or Fiverr, and commissioned artwork, would you be OK with a seller claiming 100% ownership and copyright on a work? What if they assigned, or attempted to assign, that copyright ownership to the buyer?
I agree that better reasoning, testing, and agentic tooling matter, but coding models still benefit from new, high-quality code and real-world coding tasks. Software also keeps changing: new APIs, frameworks, languages, vulnerabilities, and engineering patterns appear constantly. I'm skeptical that “Coding knowledge is already baked in” is supported by the evidence.
What is the evidence that the models are already past the "transfer learning phase of learning how to code" more than they are past the "transfer learning phase of learning how to produce high quality animation or music?". The fact that code is produced is not enough evidence that "machines can't learn more from human work".
In other words: What evidence shows that code has uniquely reached data saturation? As far as I know, existing controlled studies still show gains from additional and better-targeted code training and I'm not aware of studies that demonstrate the opposite.
Doing it was a bit painful, a loss, and psychologically difficult. But I couldn't think of any other way to protect myself from further abuse. I still can't. If/when a real solution becomes available, I'll do that instead.
I do still share my code, my websites, etc. I just made everything no longer publicly accessible and am selective about allowing access.
I'm just puzzled and confused: why is the open source community not furious with this situation as musicians and visual artists are? Why is it considered OK to continue feeding the machine with such a small push back from the open source communities?
As do I. I've been very active in OSS for many years, because of the clear (to me) positive benefits it has for everyone. That's why it was hard and painful to retreat from it. I felt (and still feel) that my hand was forced.
> why is the open source community not furious with this situation
I'm not sure, but I do know that the OSS community has changed from what it used to be. Perhaps there's not as much of a unified mission or purpose as with the fine arts communities? Perhaps (and I slightly lean this direction) the OSS community has different ideals now that are more compatible with this? Perhaps it's a sense of resignation?
I don't know. It's an interesting question.
I do know that there are quite a few OSS folk who are, in fact, furious. It's just not an obvious majority of them, and most of the upset ones I've talked with have a sense that there's nothing they can do about it without withdrawing like I have. Their calculation is that it's still a net good to continue even with this problem.