Here is the proposed addition for the ToU that @Gusted and I agreed on post-assembly for the upcoming membership vote. 🙏
The discussion for this proposal is available for Codeberg e. V. members in the forum: https://forum.codeberg.org/d/139-resolutions-for-assembly-on-codeberg-taking-a-stand-a...
It is the interpretation of the Judicial Branch of the United States government and the United States Copyright Office, the best authority on copyright law in the United States.
But yes, much like every single other law in existence, it’s not universal. (I mean, unless we’re also talking about the laws of physics.)
And yes, if the AI generated code is a copy of copyrighted code, then it would still be copyrighted, but that’s an even worse problem for Codeberg than it being public domain.
It is the interpretation of the Judicial Branch of the United States government and the United States Copyright Office, the best authority on copyright law in the United States.
Codeberg is based in Germany where German copyright law applies, and German copyright law is quite different from USA copyright law.
They still need to consider all copyright laws, and something being considered public domain in the US is a pretty big deal with regard to open source licensing. For example, if code is in the public domain, and is “released” under the AGPL, I don’t actually have to follow the terms of the AGPL when I use it.
The quoted laws do not say that generated code is automatically public domain, that is an interpretation of the law by some organization (here ScieActive). The laws just say, that a person using a prompt cannot take ownership and copyright of the generated code. It does not state it becomes public domain for everyone. Besides that, this is only in the US, not universal. And its not even tested in court yet. Its like saying in Brazil (or the EU in example) exist a law that does not allow Ai, therefore its the law for everyone. This is not universal.
The quotes are not laws, and those quotes are from the Copyright Office’s official statement on AI generated material. Please, just click the link at the bottom of my earlier comment. Here, I’ll even link it again:
If something cannot be copyrighted, it is in the public domain.
It doesn’t really matter if it’s not international law. If I don’t want to follow your open source license requirements, and your project is public domain in the US, I’ll just copy it in the US, and you can’t sue me.
Ok, I’ve editing my earlier comment to explain what I’m linking there, since it seems that neither you nor anyone else bothered to click that link.
It is the interpretation of the Judicial Branch of the United States government and the United States Copyright Office, the best authority on copyright law in the United States.
But yes, much like every single other law in existence, it’s not universal. (I mean, unless we’re also talking about the laws of physics.)
And yes, if the AI generated code is a copy of copyrighted code, then it would still be copyrighted, but that’s an even worse problem for Codeberg than it being public domain.
Codeberg is based in Germany where German copyright law applies, and German copyright law is quite different from USA copyright law.
They still need to consider all copyright laws, and something being considered public domain in the US is a pretty big deal with regard to open source licensing. For example, if code is in the public domain, and is “released” under the AGPL, I don’t actually have to follow the terms of the AGPL when I use it.
The quoted laws do not say that generated code is automatically public domain, that is an interpretation of the law by some organization (here ScieActive). The laws just say, that a person using a prompt cannot take ownership and copyright of the generated code. It does not state it becomes public domain for everyone. Besides that, this is only in the US, not universal. And its not even tested in court yet. Its like saying in Brazil (or the EU in example) exist a law that does not allow Ai, therefore its the law for everyone. This is not universal.
The quotes are not laws, and those quotes are from the Copyright Office’s official statement on AI generated material. Please, just click the link at the bottom of my earlier comment. Here, I’ll even link it again:
https://www.copyright.gov/ai/ai_policy_guidance.pdf
If something cannot be copyrighted, it is in the public domain.
It doesn’t really matter if it’s not international law. If I don’t want to follow your open source license requirements, and your project is public domain in the US, I’ll just copy it in the US, and you can’t sue me.
Ok, I’ve editing my earlier comment to explain what I’m linking there, since it seems that neither you nor anyone else bothered to click that link.