logoalt Hacker News

Gormotoday at 4:51 PM4 repliesview on HN

> 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.


Replies

OkayPhysicisttoday at 6:27 PM

> "Literal CTRL+C, CTRL+V" is the only thing copyright has ever applied to

This is extremely false. Copyright additionally grants you exclusive control over the production and distribution of derivative works.

A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work".

A training set is just an anthology, and the training process is condensation. That makes the weights a derivative work of every work in the training set.

Now, there's a separate discussion to be had about whether that derivative work meets the criteria for fair use, but that's it's own tangent.

show 1 reply
rspeeletoday at 5:43 PM

> Perhaps this illustrates a fissure that was always lurking under the surface, then(...)

Yes, I do think there has always been such a fissure. People publish OSS code for many reasons, often a blend of multiple reasons. There are selfish reasons such as the desire for one's work to be recognized, or even the hope of getting better employment through showing ones' skill or making something companies will pay for support on. There are social reasons like the desire to collaborate with others. There are altruistic benefit-of-all-mankind reasons like Richard Stallman said "...restrictions reduce the amount and the ways that the program can be used. This reduces the amount of wealth that humanity derives from the program."

It sounds like your view of things is limited mostly to that last version of FOSS, the copyleft style. But even adherents of that style, I think, are not too happy with AI consumption of their code. For one, it allows laundering of the copyleft license so their work goes into closed-source products that are never shared. And for two, if your idea of OSS is that we all put our contributions into the great shared river of human achievements to benefit the world, it is disappointing to see that river funneled into a giant waterwheel of profit for a half dozen trillion dollar companies charging rent for its bounty.

> Given that FOSS licenses were always constructed to function within applicable copyright law, I don't see how they could mean anything else.

I agree from a legal standpoint. I cannot enforce my personal definition of copying nor do I expect that to become possible. It was just conveniently aligned with the reality of how copying software worked in the past, and no longer is and never will be again. That doesn't mean I will be writing OSS software with a new made-up unenforceable license. It just means, like OP, I'll weigh differently whether I want to bother releasing stuff at all.

show 1 reply
lelanthrantoday at 5:38 PM

> 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,

That's wrong. What on earth gave you that impression when the licenses specifically set constraints on what downstream can do (from "release derivatives as open" to "put me in the credits").

Which part of which open source licenses gave you the impression that there were no restrictions?

show 1 reply
bonzinitoday at 6:08 PM

One correction: the point of copyleft was to explot the restrictions in order to ensure that it would be possible for everyone to copy the software.