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> Is this true? It is true that products of purely a prompt passed through an AI and returned cannot be copyrighted in the US currently, whether a particular b
by dragonwriter 1y ago
> Is this true?
It is true that products of purely a prompt passed through an AI and returned cannot be copyrighted in the US currently, whether a particular body of code that involves AI generation but has a more involved workflow can be copyrighted is a case by case question (for copyright registration you need to document the actual human and AI process and present it to the copyright office and they will make a decision; if you didn't do this at the time, you've probably accidentally rendered it unprotectable even if would have been were the facts documented. Technically, copyright exists at creation without registration, but since you can't sue for infringement without registration, if you make it so you can't register the copyright, you've basically made it unenforceable even if it might abstractly exist.)
> I anal
IANAL should really be kept together and capitalized.
> but I have a publicly available GitHub repo which shall go unnamed where most of the heavy lifting is by Claude and Gemini. If I can't copyright this code, does that mean I can't license it under AGPL?
Absolutely. AGPL is a copyright license. If you have no copyright, you can't enforce any licensing restrictions. You can obviously include uncopyrightable-because-of-how-it-was-generated (and therefore public domain, unless it is violating someone else's copyright) code along with other code that is AGPL licensed, but you can't enforce the AGPL terms on the code you don't have a copyright too, because the copyright is what gives you permission to prohibit uses of the exclusive rights of copyright (copying, derivative works, etc.) that you haven't licensed.
> If someone copied some code from my repo, does that somehow now taint their code as well?
No, if they copied legally-unprotected code from your repo, it has no adverse effect on their repo. They, too, cannot enforce any licensing restrictions on the unprotected code, because neither you nor they have a copyright on it to enforce, but it doesn't adversely impact their ability to enforce their license on any of the code they have that is protected by a copyright.