You probably misunderstood how "infection" of GPL works. (which is very common)
If your close-sourced project uses some GPL code, it doesn't automatically put your whole project in public domain or under GPL. It just means you're infringing the right of the code author and they can sue you (for money and stopping using their code, not for making your whole project GPL).
In the simplest terms, GPL is:
if codebase.is_gpl_compitable:
gpl_code.give_permission(code_base)
else if codebase.is_using(gpl_code):
throw new COPYRIGHT_INFRINGEMENT // the copyright owner and the court deal with that with usual copyright laws
GPL can't do much more than that. A license over a piece of code cannot automatically change the copyright status of another piece of code. There simply isn't legal framework for that.
Similarly, AI code's copyleft status can't affect the rest of the codebase, unless we make new laws specifically saying that.
Also similarly, even if Github lost the class action, it will NOT automatically release the model behind GPL to the public. It will open the possibility for all the GPL repo authors to ask Microsoft for compensation for stealing their code.
It just means you're infringing the right of the code author and they can sue you (for money and stopping using their code, not for making your whole project GPL).
they can sue you and settle for whatever you will accept that makes them happy.
if you lose then the alternative to not making your code GPL is to make your code disappear, that is you are no longer allowed to sell your product.
consequently, if AI code is subject to the GPL then the rest of the codebase is too, or the alternative would be that the could not be distributed.
First of all, pure AI-generated code is uncopyrightable now. Uncopyrightable code can't be under GPL.
Secondly, GPL can't "make your (proprietary) code disappear." Violating GPL is essentially just stealing code. One cannot distribute the version that includes stolen code. But they can remove the stolen part and replace it with their own code. Of course they still need to settle/pay for the previous infringement.
GPL simply can't affect the copyright status of rest of the codebase, because it's a license, not a contract. It cannot restrict the user's right further than the copyright laws.
Again, it's very common misunderstanding of GPL's "virality." It has been a several-decade long debate about whether GPL should be treated like a contract instead of a mere license, but there is no ruling giving it this special legal state (yet), at least in the US.
You can use GPL code in proprietary code. You just can't distribute said proprietary code if you don't also distribute its sources in accordance with the GPL, and that is how the "infection" happens.
You probably misunderstood how "infection" of GPL works. (which is very common)
If your close-sourced project uses some GPL code, it doesn't automatically put your whole project in public domain or under GPL. It just means you're infringing the right of the code author and they can sue you (for money and stopping using their code, not for making your whole project GPL).
In the simplest terms, GPL is:
GPL can't do much more than that. A license over a piece of code cannot automatically change the copyright status of another piece of code. There simply isn't legal framework for that.
Similarly, AI code's copyleft status can't affect the rest of the codebase, unless we make new laws specifically saying that.
Also similarly, even if Github lost the class action, it will NOT automatically release the model behind GPL to the public. It will open the possibility for all the GPL repo authors to ask Microsoft for compensation for stealing their code.
It just means you're infringing the right of the code author and they can sue you (for money and stopping using their code, not for making your whole project GPL).
they can sue you and settle for whatever you will accept that makes them happy.
if you lose then the alternative to not making your code GPL is to make your code disappear, that is you are no longer allowed to sell your product.
consequently, if AI code is subject to the GPL then the rest of the codebase is too, or the alternative would be that the could not be distributed.
First of all, pure AI-generated code is uncopyrightable now. Uncopyrightable code can't be under GPL.
Secondly, GPL can't "make your (proprietary) code disappear." Violating GPL is essentially just stealing code. One cannot distribute the version that includes stolen code. But they can remove the stolen part and replace it with their own code. Of course they still need to settle/pay for the previous infringement.
GPL simply can't affect the copyright status of rest of the codebase, because it's a license, not a contract. It cannot restrict the user's right further than the copyright laws.
Again, it's very common misunderstanding of GPL's "virality." It has been a several-decade long debate about whether GPL should be treated like a contract instead of a mere license, but there is no ruling giving it this special legal state (yet), at least in the US.
[0]: https://lwn.net/Articles/61292/ [1]: https://en.wikipedia.org/wiki/GNU_General_Public_License#Leg...
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You can use GPL code in proprietary code. You just can't distribute said proprietary code if you don't also distribute its sources in accordance with the GPL, and that is how the "infection" happens.