No court has said AI ingesting open-source code is "fair use". Almost all open-source licenses say it can be copied for use in development (i.e., not for re-pu

No court has said AI ingesting open-source code is "fair use". Almost all open-source licenses say it can be copied for use in development (i.e., not for re-publication or regurgitation), and even completely open licenses are speaking to people as readers. The only reason this is happening is coordination costs: a few extremely motivated people with tons of resources are copying from many, many people who would be difficult to organize and have little at stake. Unfortunately, the law typically ends up reflecting exactly these imbalances.