Basically if you take something then feed new info into it is that new thing a new thing or a derivative of that work or other? With these models the data and mathmatical spline is so smeared across thousands of endpoints it is hard to tell. However, I do not think the courts have to think about the details of how the models work. They can do something else so a jury can get its head around it.
But basically the courts will probably simplify it into copyright things go in one side. Other things come out the other that sort of kind of resemble the original thing. Do not worry about the details of how it is done. Is that new thing owned by the original copyright holder? Or many holders, as it is smeared into a hundred other items that may or may not have copyright holders? Or is it a new work? Or is it a derivative work just colored?
This could go either way. As someone put it very nicely here a few weeks ago. These AIs are like the most amazing auto complete you have ever seen. Now in copyright if you make something and I independently come up with the same exact thing. Also I can prove that I am in very little trouble. Now in this case without that input code that AI model probably would not predict that exact string. But it in some cases exactly predict it again but can predict thousands of other things also. Is that prediction copyrightable? What if it predicts part of the code but with something else? I as a 3rd party who did not create the model and just used it and got the code what are my liabilities? Then if it is what are the consequences of that? The courts will have to decide eventually.
Basically if you take something then feed new info into it is that new thing a new thing or a derivative of that work or other? With these models the data and mathmatical spline is so smeared across thousands of endpoints it is hard to tell. However, I do not think the courts have to think about the details of how the models work. They can do something else so a jury can get its head around it.
But basically the courts will probably simplify it into copyright things go in one side. Other things come out the other that sort of kind of resemble the original thing. Do not worry about the details of how it is done. Is that new thing owned by the original copyright holder? Or many holders, as it is smeared into a hundred other items that may or may not have copyright holders? Or is it a new work? Or is it a derivative work just colored?
This could go either way. As someone put it very nicely here a few weeks ago. These AIs are like the most amazing auto complete you have ever seen. Now in copyright if you make something and I independently come up with the same exact thing. Also I can prove that I am in very little trouble. Now in this case without that input code that AI model probably would not predict that exact string. But it in some cases exactly predict it again but can predict thousands of other things also. Is that prediction copyrightable? What if it predicts part of the code but with something else? I as a 3rd party who did not create the model and just used it and got the code what are my liabilities? Then if it is what are the consequences of that? The courts will have to decide eventually.