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Comment by Aperocky

2 months ago

wow, it's also not like their code was actually good (though this apply to most enterprise software). To hide a client behind closed source (it's also typescript, so even more baffling) is laughable behavior.

I'm also wondering if it's even legally valid?

They constantly love to talk about Claude Code being "100%" being vibe coded...and the US legal system is leaning towards that not being copyrightable.

It could still be a trade secret, but that doesn't fall under a DMCA take down.

  • You're confused, AI can't itself hold copyright, but the human who triggered the AI to write the code holds the copyright instead.

    • IIUC, a person can only claim copyright if they have significantly transformed the output. Unaltered LLM output is not copyrightable per US court decisions.

      The whole thing is a legal mess. How do you know the LLM did not reproduce existing code? There is an ongoing legal battle in German between GEMA and OpenAI because ChatGPT reproduced parts of existing song lyrics. A court in Munich has found that this violates German copyright law.

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    • No the human cannot hold the copyright also. They can own the property rights to the code and protect it. It's not like the rule is "AI cannot copyright stuff but humans can" but rather code is rarely copyrighted and in its case, ownership is much more important.

      If your code was generated by you and you store it in your system and have property rights over it, you can enforce legal actions even without holding a copyright over the code.

      In general, it is kind of weird to want to copyright code. How do you patent a for-loop for example

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    • This is even worse. My Claude Code instance can theoretically write the same code as your instance for a similar prompt. Why should one of us be able to have the copyright?

Yea this is the thing that makes no sense to me. Any frontier model can unmiminize minified JS pretty decently. Obviously not everything comes through, comments and such, but I always assumed the reason it wasn't open source was to prevent an endless shitstorm of AI slop PR's, not because they were trying to protect secret sauce.