Comment by gpm
19 hours ago
I have trouble believing that the DMCA claims would be found to be in bad faith when they were made at a time when the question of what degree of human input is required to acquire copyright on AI generate code hasn't been resolved at all.
It doesn't seem like bad faith to think that copyright is stronger than the courts end up thinking, just being mistaken.
fair correction, updated the piece to reflect this. Bad faith under DMCA requires knowing the claim is false, not merely being wrong. A good faith belief in copyright ownership, even one that turns out to be mistaken, is a defense. The more accurate framing is that if the codebase is found to be predominantly AI-authored, the takedowns would fail on the threshold question of whether there is a valid copyright to assert, which is a different issue from intent.