Comment by joshka
2 months ago
Tell me, can I create a copyrighted video that's not GPL licensed using ffmpeg? Now tell me how creating a rust library using the git test suite is different?
2 months ago
Tell me, can I create a copyrighted video that's not GPL licensed using ffmpeg? Now tell me how creating a rust library using the git test suite is different?
> using the git test suite
That's not actually the case at hand here - the agents were given the original source to reference: https://github.com/gitbutlerapp/grit/blob/main/AGENTS.md#sou...
But for the sake of argument: The test suite itself is copyrighted. To the extent the resulting work is a derivative of the test suite it is possibly infringing. For example you might example that the agent would derive variable names, function names, structure sequence and organization of the code from the test suite. It might even copy comments wholesale. Those are copyrightable things. (Which is of course just the first step in analyzing if it is infringement, there would be interesting fair use, de-minimis copying, etc arguments following a conclusion that any of those were copyrighted. A product produced this way definitely could be infringing given the right facts though).
> That's not actually the case at hand here - the agents were given the original source to reference: https://github.com/gitbutlerapp/grit/blob/main/AGENTS.md#sou...
yeah fair - the "The canonical Git source code we're targeting to replicate the functionality of is in the git/ subdirectory." part makes this hard to argue against.
> To the extent the resulting work is a derivative of the test suite it is possibly infringing
It's this bit that I have a problem with. If I run the test, it fails and reports a failure. Now I write code and run the test again. What is the theory there that code that I wrote infringes.
Simplify this down:
Assume the following is copyrighted:
Does writing the following code:
infringe on the test copyright?
Writing
Doesn't infringe upon copyright period, because there's no creative element in that work.
Imagine a more substantial example though. Perhaps you have a test that checks that some file written in a binary format is correct, and gives names (creative elements) to each field of the format that it prints when you mess up the field, and has comments describing why the bytes are laid out like they are (the comments being copyrightable even if the facts they describe aren't), and the LLM copies those field names and comments verbatim... Now it's quite likely that the LLMs work is a derivative of the test suite.
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If you did it in a loop until the test passed, maybe?
Your result is essentially impossible without the original. With ffmpeg, your result does not depend on ffmpeg specifically - you can use any video creation tool.
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A GPL tool that processes data doesn't virally transfer the license to its output. Copyrighted ffmpeg code isn't incorporated into the video output. The LLM didn't just conjure up equivalent behavior to git without ingesting the code and transforming it as new output. There is no other behavioral description that would reproduce all needed functionality.
> There is no other behavioral description that would reproduce all needed functionality.
Tests often are exactly the information necessary to understand exactly what the output should be. See https://github.com/git/git/blob/master/t/t0000-basic.sh for an example of how detailed these tests are.
It would be reasonable to point an LLM at these and use them with a basic knowledge of git to produce a rust version of git in a non-infringing manner.
If you did this manually it would take a long time.
Medium, substitutibility, basics of copyright law.
Fair point on medium - this was a lazy example.
Substitutibility probably doesn't apply here in the way you're implying and if it did it would likely be hampered by the 9th circuits findings about transformation in sony v connectix. Arguments here likely would look at rust not having a stable ABI, and hence not being inherently substitutable as a libray (grit-lib), less clear as an executable (grit-cli) on that side
basics of copyright law - the fundamental thing being protected is the expression... is a rust program's expression the same expression as a c program? I'd say generally not.
The test suite could test aspects of the architecture/design of the codebase that are not necessary for interoperability and constitute novel expression of a piece of software in a way that is not at all language specific.
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