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rspeeletoday at 4:35 PM1 replyview on HN

The contract behind open source was something like (GPL):

"If you copy my work, you should share your work too."

or at minimum (MIT):

"If you copy my work, you should credit me."

I think it is no longer under dispute that the legal contract is satisfied by LLMs. The AI companies won and will continue to win.

But we are talking about a social contract, which is not quite the same thing. The social contract is what leads some devs who previously enjoyed publishing their work openly to no longer feel the same way. What did the authors mean by "copy"? Did they mean literally CTRL+C, CTRL+V or something broader?

This is a matter of opinion which only each individual creator can answer. For me, copying meant something like:

"To reproduce the function of my work, dependent on my having published it, without effort nor understanding of your own"

Ten years ago this basically required doing a CTRL+C, CTRL+V so there was no need to be more specific. Anybody who did enough work to, say, rewrite in another language (with that language's idioms), met the bar of clause 3. Now AI enables a form of "copying" that matches my definition, without the user even being aware of whose works they are copying. It perfectly launders the origins of its output. It can write an FFmpeg clone in Rust for you that would appear to be a novel work.

Of course, I cannot say that my own little bits and pieces of open source code would make a scratch in AI's capability, were it removed.

But I do strongly believe that if all the code that was published by authors with the same mindset was unavailable, Claude would be a far weaker developer.


Replies

Gormotoday at 4:51 PM

> But we are talking about a social contract, which is not quite the same thing. The social contract is what leads some devs who previously enjoyed publishing their work openly to no longer feel the same way.

Perhaps this illustrates a fissure that was always lurking under the surface, then. The social contract that I've personally always attributed to FOSS communities was that attempting to restrict how people downstream of you use code is illegitimate, and that licenses like the GPL were meant to use copyright law to achieve something that resembles the state of affairs that might exist if copyright didn't exist in the first place. That's what the whole concept of "copyleft" always seemed to imply.

Now we have a new class of technologies that is admittedly fraught with a wide range of risks and pitfalls, but also a lot of promise to enable people to actually put the "four freedoms" into practice in ways they couldn't before, and we're seeing people who have normative opinions about AI derived from other, unrelated principles trying to circle the wagons and exclude those use cases. That is what seems like a breach of the social contract as I've always understood it.

> Did they mean literally CTRL+C, CTRL+V or something broader?

Given that FOSS licenses were always constructed to function within applicable copyright law, I don't see how they could mean anything else. "Literal CTRL+C, CTRL+V" is the only thing copyright has ever applied to, and the whole point of "copyleft" was to lessen the restrictions on even that.

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