Re: Capy: Request for endorsements

On Fri, Feb 20, 2026 at 9:46 PM Rainer Deyke via Boost <
[email protected]> wrote:

> On 2/20/26 13:06, Peter Dimov via Boost wrote:
> > Rainer Deyke wrote:
> >> Clearly the person who gives the prompt has no copyright claim.  On the
> other
> >> hand, I can trivially write an "AI" program that regurgitates its exact
> training
> >> data, even if its internal model looks nothing like the training data.
> If I "train"
> >> this "AI" on the Star Wars movie, does this means I can use it to
> create a
> >> copyright-free copy of Star Wars?
> >
> > No. But if you train it on one million Star Wars-like films, and then
> generate
> > a film that is like them, but isn't a copy of any of them, then that
> generated
> > film is - this is the argument - not a derived work.
>
> In other words: if you kill a man, you're a murderer.  If you kill a
> million, you're a conqueror.
>
> > That's because compression works by identifying common patterns, and
> > the common patterns aren't copyrightable. (Because if they were, all
> > these one million films would all infringe on one another's copyright.)
>
> No, the process is fundamentally different, and it's the process that
> matters in copyright, not the result.
>
> If I, by pure coincidence, write a book that's word-for-word identical
> to a book that already exists but I haven't read, then I haven't
> violated copyright because I haven't copied or transformed the original
> work.
>


>
> If I take an existing picture and apply filters to it until it is
> unrecognizable, then I have legally created a derivative work that is
> still under the original copyright.
>

Unless it's transformative enough to fall under fair use.
That'll be hard to argue for code refactoring.
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