Lynn Bradshaw via plug on 9 Oct 2023 15:05:15 -0700


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Re: [PLUG] Places to learn Linux and C around Philadelphia?


I am going to just now take the stance that probably more than one lawyer took on copyright matters and mention the following:

https://en.wikipedia.org/wiki/Curry%E2%80%93Howard_correspondence

"Algorithms are just theorems and therefore can't be patented"; it's actually been mentioned in legal cases before:

https://wiki.endsoftwarepatents.org/wiki/Software_is_math#Math_is_not_patentable

It seems just about totally ironclad and the only objection I could come up with as an opposing lawyer (i.e. high school debate club for adults) is that there is a certain amount of artistry in software, written either by humans, machines, or some combination of the two, that doesn't completely come across in any one implementation of an algorithm or another.

On Mon, Oct 9, 2023 at 4:26 PM Rich Freeman via plug <plug@lists.phillylinux.org> wrote:
On Mon, Oct 9, 2023 at 3:55 PM Lynn Bradshaw via plug
<plug@lists.phillylinux.org> wrote:
>
>
> there are much more serious matters involving large language models, like this one, with GitHub Copilot (think ChatGPT but strictly for code) incorporating GPL code into closed-source products:
>
> https://news.ycombinator.com/item?id=35657982
>

This particular case is interesting because it does raise the question
of at what point something ceases to be a derived work, and what parts
of the original work are copyrightable in the first place.  I suspect
nobody is going to bother litigating something like this, but it would
be interesting to see how that ends up over time.  Of course, the way
any number of judges view the matter do not need to be consistent
either with each other, or with anything a computer scientist might
think is reasonable...

It is clear how you got from the original to the generated code, and
the similarities are obvious.  What isn't obvious is what exactly in
the original is the source of its copyright, and whether those
elements are derived in the generated code or not.  The algorithm
itself isn't copyrightable.

--
Rich
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