AI-generated code uncopyrightable in the US

Alexis <[email protected]>
Newsgroups gmane.linux.gentoo.devel
Message-ID <[email protected]>
Hi all,

In reviewing the recent "Dealing with (potential) slop packages" 
thread:

  https://archives.gentoo.org/gentoo-dev/[email protected]/T/#t

there was discussion about the possibility of gen AI possibly 
violating others' copyright, but not - as far as i can tell - any 
discussion about the fact that, in the US at least, AI-generated 
code is not copyrightable, as per this post by Chiitoo on the 
forums:

  https://forums.gentoo.org/viewtopic.php?p=8880011#p8880011

Chiitoo quotes a post by Jamie Gaskins on Mastodon, which was 
itself shared by Greg K-H:

> If you use AI-generated code, you currently cannot claim 
> copyright on
> it in the US. If you fail to disclose/disclaim exactly which 
> parts
> were not written by a human, you forfeit your copyright claim on 
> *the
> entire codebase*.
>
> This means copyright notices and even licenses folks are putting 
> on
> their vibe-coded GitHub repos are unenforceable. The 
> AI-generated
> code, and possibly the whole project, becomes public domain.
> 
> Source: 
> https://www.congress.gov/crs_external_products/LSB/PDF/LSB10922/LSB10922.8.pdf

Have there been any discussions elsewhere in the Gentoo project 
about this, given that copyright is the basis for various types of 
licensing (e.g. permissive and copyleft licenses)? Are there other 
jurisdictions which also regard AI-generated code as 
uncopyrightable? Is the use of AI-generated code simply so 
widespread at this point (e.g. as claimed by 
https://codeberg.org/small-hack/open-slopware) that trying to sort 
out the situation re. copyright and licensing is well beyond the 
capacity of both Gentoo in general and of package maintainers in 
particular?


Alexis.
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