This is arguably true but not tested in court yet. Free open source software licenses are all based on copyright, which can only be applied to the creative works of a human. Anthropic and OpenAI would love to see that wording changed, but as of now it looks like no LLM output can be copyrighted at all. Which is really hilarious for any company that hopes to replace their creative staff with AI. It does mean that GPL and any other software license (FOSS or not) can’t be applied to slop code as it’s outputted directly. Again, not settled law, but the letter of the law.
But it’s not all about the law. FOSS software also is a moral stance, of wanting code to be public and respected, and LLMs have been ignoring all that FOSS stands for.
Using LLM generated code goes against the core concepts of FOSS, and that’s what matters, not really whether or not it is formally in the law.
And since there’s no easy way for outsiders to determine which part is what, it would be a minefield for anyone trying to use the leaked source code. ReactOS devs would have to stay far, far away to avoid giving MS an easy way to sink the project
Sop code cannot be FOSS.
yes it can. a for loop is not licensed, a program is
This is arguably true but not tested in court yet. Free open source software licenses are all based on copyright, which can only be applied to the creative works of a human. Anthropic and OpenAI would love to see that wording changed, but as of now it looks like no LLM output can be copyrighted at all. Which is really hilarious for any company that hopes to replace their creative staff with AI. It does mean that GPL and any other software license (FOSS or not) can’t be applied to slop code as it’s outputted directly. Again, not settled law, but the letter of the law.
But it’s not all about the law. FOSS software also is a moral stance, of wanting code to be public and respected, and LLMs have been ignoring all that FOSS stands for.
Using LLM generated code goes against the core concepts of FOSS, and that’s what matters, not really whether or not it is formally in the law.
We’ll see what happens the next time Windows source code leaks if it contains AI slop code. It’d be heaven sent to ReactOS.
Only the parts written by LLMs would be public domain. Everything else would still be copyrighted by Microsoft. See https://fsfe.org/news/2026/news-20260825-01.html
And since there’s no easy way for outsiders to determine which part is what, it would be a minefield for anyone trying to use the leaked source code. ReactOS devs would have to stay far, far away to avoid giving MS an easy way to sink the project
Aren’t all llm generated code foss?
With this logic, you can steal the code of someone, ask the LLM to copy it, and then it loses copyright.
LLMs ignore any kind of licence when they absorb the code they train on, and as such cannot be part of a truly FOSS mentality.