4 ms·

> Doesn't that mean any code-base that uses AI generated code does not have an implicit copyright holder? And thus even the human constructor does not have the

> Doesn't that mean any code-base that uses AI generated code does not have an implicit copyright holder? And thus even the human constructor does not have the right to apply any license [closed/open] onto it whatsoever? besides copyright, source code also can be protected as a trade secret.

lazide 8mo ago
For a company with any decent number of people with access to the code base, extremely difficult to maintain that type of protection.
- andriy_koval 8mo ago
  I mean trade secret as a legal protection: code is declared as trade secret. Then if employee leaks it, and other company uses it, it can be sued.
  - lazide 8mo ago
    It is not that simple. To have that protection, it needs to be treated (and protected) like an actual secret. It’s why the nominal ‘top secret’ coke formula is stored in a giant vault. If everyone at the company has access (and it’s a big company), good luck having that protection.
    - andriy_koval 8mo ago
      claude says one needs to take "reasonable steps", which includes asking employee to sign NDA, setting access control, and putting TRADE SECRET disclosure in source files: https://ipwatchdog.com/2025/12/02/fourth-circuit-clarifies-reasonable-efforts-standard-dtsa-trade-secret-protection/ https://ipwatchdog.com/2025/12/02/fourth-circuit-clarifies-r...
    - shagie 8mo ago
      https://www.wipo.int/web-publications/wipo-guide-to-trade-secrets-and-innovation/en/part-iii-basics-of-trade-secret-protection.html https://www.wipo.int/web-publications/wipo-guide-to-trade-se... is likely a good source for the "what constitutes trade secret" To enjoy trade secret protection, the above mentioned three criteria (i.e., secrecy, commercial value because of the secrecy, and reasonable steps taken by trade secret holders to maintain secrecy) must be complied with (see section 2.1 for the criteria to be met). Trade secrets can be protected for an unlimited period of time, unless they cease to meet the criteria for trade secret protection. Trade secret holders can seek protection only where unauthorized disclosure, acquisition or use of their trade secrets is made in a manner contrary to honest commercial practice. In other words, they do not enjoy the type of “exclusive rights” that are generally available for other categories of IP. This will be discussed in the next section. One of the things there though is that trade secrets don't have exclusive rights. If you write code and then distribute the application, trade secrets don't protect it anymore. There's also a section on trade secrets and digital objects... which includes code ... and that gets into other challenges. https://www.wipo.int/web-publications/wipo-guide-to-trade-secrets-and-innovation/en/part-vii-trade-secrets-and-digital-objects.html https://www.wipo.int/web-publications/wipo-guide-to-trade-se... Copyright is another form of intellectual property protection available to code and algorithms. However, it should be noted that certain jurisdictions do not permit an owner to assert both trade secret and copyright, especially if the copyrighted software discloses a majority of the source code or the “proprietary” portions. In the Capricorn case, the court held that the source code owner was barred from asserting trade secret protection because the code was also registered as a copyright, and thus available to the public. Therefore, the source code owner should carefully consider the pros and cons of each type of protection. ... it also has guidance on trade secrets and LLMs. https://www.wipo.int/web-publications/wipo-guide-to-trade-secrets-and-innovation/en/part-vii-trade-secrets-and-digital-objects.html#h2-5-digital-trade-secrets-and-large-language-models-oh73d https://www.wipo.int/web-publications/wipo-guide-to-trade-se...
      - andriy_koval 8mo ago
        > One of the things there though is that trade secrets don't have exclusive rights. If you write code and then distribute the application, trade secrets don't protect it anymore. which source says this?
  - Balinares 8mo ago
    That hinges on whether you can convince a judge that your LLM's slop meets the requirement of being inaccessible to other professionals of the same field, and that committing it to your repo meets the bar for keeping it secret. I wouldn't hold my breath.

lazide 8mo ago

For a company with any decent number of people with access to the code base, extremely difficult to maintain that type of protection.

andriy_koval 8mo ago
I mean trade secret as a legal protection: code is declared as trade secret. Then if employee leaks it, and other company uses it, it can be sued.
- lazide 8mo ago
  It is not that simple. To have that protection, it needs to be treated (and protected) like an actual secret. It’s why the nominal ‘top secret’ coke formula is stored in a giant vault. If everyone at the company has access (and it’s a big company), good luck having that protection.
  - andriy_koval 8mo ago
    claude says one needs to take "reasonable steps", which includes asking employee to sign NDA, setting access control, and putting TRADE SECRET disclosure in source files: https://ipwatchdog.com/2025/12/02/fourth-circuit-clarifies-reasonable-efforts-standard-dtsa-trade-secret-protection/ https://ipwatchdog.com/2025/12/02/fourth-circuit-clarifies-r...
  - shagie 8mo ago
    https://www.wipo.int/web-publications/wipo-guide-to-trade-secrets-and-innovation/en/part-iii-basics-of-trade-secret-protection.html https://www.wipo.int/web-publications/wipo-guide-to-trade-se... is likely a good source for the "what constitutes trade secret" To enjoy trade secret protection, the above mentioned three criteria (i.e., secrecy, commercial value because of the secrecy, and reasonable steps taken by trade secret holders to maintain secrecy) must be complied with (see section 2.1 for the criteria to be met). Trade secrets can be protected for an unlimited period of time, unless they cease to meet the criteria for trade secret protection. Trade secret holders can seek protection only where unauthorized disclosure, acquisition or use of their trade secrets is made in a manner contrary to honest commercial practice. In other words, they do not enjoy the type of “exclusive rights” that are generally available for other categories of IP. This will be discussed in the next section. One of the things there though is that trade secrets don't have exclusive rights. If you write code and then distribute the application, trade secrets don't protect it anymore. There's also a section on trade secrets and digital objects... which includes code ... and that gets into other challenges. https://www.wipo.int/web-publications/wipo-guide-to-trade-secrets-and-innovation/en/part-vii-trade-secrets-and-digital-objects.html https://www.wipo.int/web-publications/wipo-guide-to-trade-se... Copyright is another form of intellectual property protection available to code and algorithms. However, it should be noted that certain jurisdictions do not permit an owner to assert both trade secret and copyright, especially if the copyrighted software discloses a majority of the source code or the “proprietary” portions. In the Capricorn case, the court held that the source code owner was barred from asserting trade secret protection because the code was also registered as a copyright, and thus available to the public. Therefore, the source code owner should carefully consider the pros and cons of each type of protection. ... it also has guidance on trade secrets and LLMs. https://www.wipo.int/web-publications/wipo-guide-to-trade-secrets-and-innovation/en/part-vii-trade-secrets-and-digital-objects.html#h2-5-digital-trade-secrets-and-large-language-models-oh73d https://www.wipo.int/web-publications/wipo-guide-to-trade-se...
    - andriy_koval 8mo ago
      > One of the things there though is that trade secrets don't have exclusive rights. If you write code and then distribute the application, trade secrets don't protect it anymore. which source says this?
- Balinares 8mo ago
  That hinges on whether you can convince a judge that your LLM's slop meets the requirement of being inaccessible to other professionals of the same field, and that committing it to your repo meets the bar for keeping it secret. I wouldn't hold my breath.