I hope this is tested in court and found to be correct
this post was submitted on 13 Feb 2026
1210 points (95.4% liked)
Programmer Humor
29758 readers
1484 users here now
Welcome to Programmer Humor!
This is a place where you can post jokes, memes, humor, etc. related to programming!
For sharing awful code theres also Programming Horror.
Rules
- Keep content in english
- No advertisements
- Posts must be related to programming or programmer topics
founded 2 years ago
MODERATORS
So, if I wrote an AI preface to somebody else’s book, they lose their copyright?
Seems very unlikely. Can you cite any case law for this?
This reminds me of that scene in Breaking Bad where the two morons were talking about how if you ask an undercover cop if they're cop they legally have to tell you the truth
As much as I wish this was true, I don't really think it is.
It's just unsettled law, and the link is basically an opinion piece. But guess who wins major legal battles like this - yep, the big corps. There's only one way this is going to go for AI generated code
One would hope it could be first tested against a small time company that can't afford a good lawyer
Worst case is that its the owner of the agent that recieves the copyright, so all vibe coded stuff outside local ai will be claimed by the big corpos
I actually think that's the best case because it would kill enterprise adoption of AI overnight. All the corps with in-house AI keep using and pushing it, but every small to medium business that isn't running AI locally will throw it out like yesterday's trash. OpenAI's stock price will soar and then plummet.
The big AI companies would just come out with a business subscription that explicitly gives you copyright.
load more comments
(1 replies)
load more comments
(3 replies)
It is true that AI work (and anything derived from it that isn't significantly transformative) is public domain. That said, the copyright of code that is a mix of AI and human is much more legally grey.
In other work, where it can be more separated, individual elements may have different copyright. For example, a comic was made using AI generated images. It was ruled that all the images were thus public domain. Despite that, the text and the layout of the comic was human-made and so the copyright to that was owned by the author. Code, obviously can't be so easily divided up, and it will be much harder to define what is transformative or not. As such, its a legal grey area that will probably depend on a case-by-case basis.
load more comments
(2 replies)
load more comments
(48 replies)
According to this guy...
This whole post has a strong 'Sovereign Citizen' vibe.
I do not give Facebook or any entities associated with Facebook permission to use my pictures, information, messages, or posts, both past and future.
The Windows FOSS part, sure, but unenforceable copyright seems quite possible, but probably not court-tested. I mean, AI basically ignored copyright to train in the first place, and there is precedent for animals not getting copyright for taking pictures.
If it's not court tested, I'm guessing we can assume a legal theory that breaks all software licensing will not hold up.
Like, maybe the code snippets that are AI-made themselves can be stolen, but not different parts of the project.
load more comments
(1 replies)
That sounds like complete bullshit to me. Even if the logic is sound, which I seriously doubt, if you use someone's code and you claim their license isn't valid because some part of the codebase is AI generated, I'm pretty sure you'll have to prove that. Good luck.
I work for a large enterprise firm, our corporate lawyer has told be about this exact scenario so I'm inclined to believe it's real.
That being said, for established projects it won't be that hard to prove the non-AI bit because you have a long commit history that predates the tooling.
Even if you were to assume that all commits after a certain date were AI generated, the OP is slightly off in their attestation that any AI code suddenly makes the whole thing public domain, it would only be if a majority of the codebase was AI coded (and provably so).
So yes all the vibe coded shite is a lost cause, but stuff like Windows isn't in any danger.
I'll stay sceptical until there is court cases supporting this logic as a precedent.
I think that's actually quite sensible, our lawyer wasn't flagging some clear cut legal certainty, he was flagging risk.
Risk can be mitigated, even if the chance of it panning out is slim.
A bit besides the point, but it is pretty crazy to me that we're moving towards a world where if you create by yourself, you're outcompeted, but if you use AI like everyone else, you own nothing.
There was a case in which a monkey took a picture and the owner of the camera wanted to publish the photo. Peta sued and lost because an animal can't hold any copyright as an human author is required for copyright.
https://en.wikipedia.org/wiki/Monkey_selfie_copyright_dispute
As you also find in the wikipedia article, this case is used to argue that ai generated content is not by an human author and consequently not copyrightable.
load more comments
(6 replies)
load more comments
(4 replies)
Not how copyright works. Adding something with creative height together with something without leaves the combined work with ownership only of the part with creative height with the rest unprotected.
(bots can not achieve creative height by definition in law)
That's not even remotely true....
The law is very clear that non-human generated content cannot hold copyright.
That monkey that took a picture of itself is a famous example.
But yes, the OP is missing some context. If a human was involved, say in editing the code, then that edited code can be subject to copyright. The unedited code likely cannot.
Human written code cannot be stripped of copyright protection regardless of how much AI garbage you shove in.
Still, all of this is meaningless until a few court cases happen.
load more comments
(5 replies)
load more comments
(1 replies)
I think, to punish Micro$lop for its collaboration with fascists and its monopolistic behavior, the whole Windows codebase should be made public domain.
does the public really want more garbage than they already has?
Do you not want all the hardware support Linux is missing to suddenly become available?
load more comments
(3 replies)
load more comments
(2 replies)
Aren't you all forgetting the core meaning of open source? The source code is not openly accessible, thus it can't be FOSS or even OSS
This just means microslop can't enforce their licenses, making it legal to pirate that shit
load more comments
(2 replies)
Ooh, free trash code!
I guess some lawyers have that nailed shut. But a guy can dream, right?
Counterpoint: how do you even prove that any part of the code was AI generated.
Also, i made a script years ago that algorithmically generates python code from user input. Is it now considered AI-generated too?
load more comments
(19 replies)
That's not what that research document says. Pretty early on it talks about rote mechanical processes with no human input. By the logic they employ there's no difference between LLM code and a photographer using Photoshop.
The the greatest intellectual property theft and laundering scheme in human history
As it should. All the idiots calling themselves programmers, because they tell crappy chatbot what to write, based on stolen knowledge. What warms my heart a little is the fact that I poisoned everything I ever wrote on StackOverflow just enough to screw with AI slopbots. I hope I contributed my grain of sand into making this shit little worse.
load more comments
(2 replies)
By that same logic LLMs themselves (by now some AI bro had to vibe code something there) & their trained datapoints (which were on stolen data anyway) should be public domain.
What revolutionary force can legislate and enforce this?? Pls!?
load more comments
(2 replies)
Anything built by AI/LLMs should be FOSS by law. Oh I dream of the day.
Your wish is granted.
But you can only view the source code through an LLM
a finger on the monkey paw curls
load more comments
(13 replies)
Stallman: "Oh man, not like this."
Stick to the GPL licensencing of your code whenever possible and the garbage EEE can't subdue you. (Embrace extend exthinguish.)
If they plagiarize it they kinda ow you the honor.
Hower, plagiarism is still plagiarism, so you better actually write some of your code by hand.
load more comments
(2 replies)
So by that reasoning all Microsoft software is open source
Not that we'd want it, it's horrendously bad, but still
How the hell did he arrive at the conclusion there was some sort of one-drop rule for non-protected works.
Just because the registration is blocked if you don't specify which part is the result of human creativity, doesn't mean the copyright on the part that is the result of human creativity is forfeit.
Copyright exists even before registration, registration just makes it easier to enforce. And nobody says you can't just properly refile for registration of the part that is the result of human creativity.
load more comments
(2 replies)
view more: next ›