Comment by Chance-Device
10 hours ago
It’s not about the mechanism: responsibility is a social construct, it works the way people say that it works. If we all agree that a human can agree to bear the responsibility for AI outputs, and face any consequences resulting from those outputs, then that’s the whole shebang.
Sure we could change the law. It would be a stupid change to allow individuals, organizations, and companies to completely shield themselves from the consequences of risky behaviors (more than we already do) simply by assigning all liability to a fall guy.
What law exactly are you suggesting needs to be changed? How is this any different from what already happens right now, today?
Right now it's very easy not to infringe on copyrighted code if you write the code yourself. In the vast majority of cases if you infringed it's because you did something wrong that you could have prevented (in the case where you didn't do anything wrong, inducement creation is an affirmative defense against copyright infringement).
That is not the case when using AI generated code. There is no way to use it without the chance of introducing infringing code.
Because of that if you tell a user they can use AI generated code, and they introduce infringing code, that was a foreseeable outcome of your action. In the case where you are the owner of a company, or the head of an organization that benefits from contributors using AI code, your company or organization could be liable.
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In this case, the "fall guy" is the person who actually introduced the code in question into the codebase.
They wouldn't be some patsy that is around just to take blame, but the actual responsible party for the issue.
Imagine your a factory owner and you need a chemical delivered from across the country, but the chemical is dangerous and if the tanker truck drives faster than 50 miles per hour it has a 0.001% chance per mile of exploding.
You hire an independent contractor and tell him that he can drive 60 miles per hour if he wants to but if it explodes he accepts responsibility.
He does and it explodes killing 10 people. If the family of those 10 people has evidence you created the conditions to cause the explosion in order to benefit your company, you're probably going to lose in civil court.
Linus benefits from the increase velocity of people using AI. He doesn't get to put all the liability on the people contributing.
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Responsibility is an objective fact, not just some arbitrary social convention. What we can agree or disagree about is where it rests, but that's a matter of inference, an inference can be more or less correct. We might assign certain people certain responsibilities before the fact, but that's to charge them with the care of some good, not to blame them for things before they were charged with their care.