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My understanding (IANAL) [1] is that copyright licenses have no say on the output of software. Further, CC licenses don't say anything about running or using so
by ericpauley 3y ago
My understanding (IANAL) [1] is that copyright licenses have no say on the output of software. Further, CC licenses don't say anything about running or using software (or model weights). It's therefore questionable whether the CC-BY-NC license actually prevents commercial use of the model.
[1] https://opensource.stackexchange.com/questions/12070/allowed-uses-of-a-software-licensed-under-cc-by-nc-license https://opensource.stackexchange.com/questions/12070/allowed...
- Tepix 3y agoYou're wrong because software, as you describe it, includes the "cp" command which creates a perfect copy.
- tikhonj 3y agoThe copyright license of the cp code itself has no bearing on the copyright of what you produce (well, copy) with cp.
- robertlagrant 3y agoThat's not the point they're making. They're replying to their parent comment.
- ericpauley 3y agoAs sibling noted, we’re talking about the impact of a software’s license on use of its output. I suppose your point would stand if the software were a quine?
- cosmojg 3y agoYou're correct, but no one has had the balls (or the lawyers) to clarify this in court yet. Expect to see hosting providers complying with takedown requests for the foreseeable future.
- indymike 3y agoHosting providers *have* to comply with takedown requests to maintain safe harbor.
- mcbits 3y agoI don't remember the details (or outcome) but there was a lawsuit a few years ago involving CAD or architecture software and whether they could limit how the output images were used because they were assemblages of clipart that the company asserted were still protected by copyright. Something like that. A lot of "AI" output potentially poses a similar issue, just at a far more granular level.