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Comment by Balooga | Hacker News Reader

This then implies that in the EU, AI-generated content cannot have a license applied? MIT, GPL, CC, etc?

This has already also been implied in the US. Courts upheld the Copyright Office's stance on human creation in the context of AI image generation. There's no reason to expect something that fundamental to copyright to be any different for other media, such as source code.

It's reasonable to expect this to hold for all Berne Convention countries.

All licenses are unenforceable if you don't hold the copyright, since you don't have a copyright to license. And attempting to do so would probably be perjury.

Yes. Also CC is complicated in EU. A creator can not "give up" their copy right. Work can not put to "Public Domain" as creator.

Is that for the whole EU? I understood it was country specific, for example France doesn’t let you give up your copyright, but other EU members do

Makes it even worse. Basically it hugely depends. For example Finland allows letting go of commercial exploitation rights and even make binding statement on that. But still there always remains right for them to be informed if copies are being published.

Not to even mention moral rights on how such work can or can not be changed if it would be disparaging for example...

Yep, it’s a mess. I’m sure it’s also something pretty complicated if you take in account Asian countries, and look at distinctions between US states. IP laws is a real mess.

IANAL, but yes, I'd assume the license is unenforceable on the AI content.

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