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EarlKing commented on AI tooling must be disclosed for contributions   github.com/ghostty-org/gh... · Posted by u/freetonik
smitop · 3 days ago
> if you fail to mention that something was made by AI as part of a compound work you could end up losing copyright over the whole thing

The source you linked says the opposite of that: "the inclusion of elements of AI-generated content in a larger human-authored work does not affect the copyrightability of the larger human-authored work as a whole"

EarlKing · 2 days ago
This is what you get for skimming. :D

Just to be sure that I wasn't misremembering, I went through part 2 of the report and back to the original memorandum[1] that was sent out before the full report issued. I've included a few choice quotes to illustrate my point:

"These are no longer hypothetical questions, as the Office is already receiving and examining applications for registration that claim copyright in AI-generated material. For example, in 2018 the Office received an application for a visual work that the applicant described as “autonomously created by a computer algorithm running on a machine.” 7 The application was denied because, based on the applicant’s representations in the application, the examiner found that the work contained no human authorship. After a series of administrative appeals, the Office’s Review Board issued a final determination affirming that the work could not be registered because it was made “without any creative contribution from a human actor.”"

"More recently, the Office reviewed a registration for a work containing human-authored elements combined with AI-generated images. In February 2023, the Office concluded that a graphic novel comprised of human-authored text combined with images generated by the AI service Midjourney constituted a copyrightable work, but that the individual images themselves could not be protected by copyright. "

"In the Office’s view, it is well-established that copyright can protect only material that is the product of human creativity. Most fundamentally, the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans."

"In the case of works containing AI-generated material, the Office will consider whether the AI contributions are the result of “mechanical reproduction” or instead of an author’s “own original mental conception, to which [the author] gave visible form.” The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work. This is necessarily a case-by-case inquiry."

"If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it."[1], pgs 2-4

---

On the odd chance that somehow the Copyright Office had reversed itself I then went back to part 2 of the report:

"As the Office affirmed in the Guidance, copyright protection in the United States requires human authorship. This foundational principle is based on the Copyright Clause in the Constitution and the language of the Copyright Act as interpreted by the courts. The Copyright Clause grants Congress the authority to “secur[e] for limited times to authors . . . the exclusive right to their . . . writings.” As the Supreme Court has explained, “the author [of a copyrighted work] is . . . the person who translates an idea into a fixed, tangible expression entitled to copyright protection.”

"No court has recognized copyright in material created by non-humans, and those that have spoken on this issue have rejected the possibility. "

"In most cases, however, humans will be involved in the creation process, and the work will be copyrightable to the extent that their contributions qualify as authorship." -- [2], pgs 15-16

---

TL;DR If you make something with the assistance of AI, you still have to be personally involved and contribute more than just a prompt in order to receive copyright, and then you will receive protection only over such elements of originality and authorship that you are responsible for, not those elements which the AI is responsible for.

--- [1] https://copyright.gov/ai/ai_policy_guidance.pdf [2] https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...

EarlKing commented on AI tooling must be disclosed for contributions   github.com/ghostty-org/gh... · Posted by u/freetonik
ants_everywhere · 3 days ago
> • The use of AI tools to assist rather than stand in for human creativity does not affect the availability of copyright protection for the output.

> • Copyright protects the original expression in a work created by a human author, even if the work also includes AI-generated material

> • Human authors are entitled to copyright in their works of authorship that are perceptible in AI-generated outputs, as well as the creative selection, coordination, or arrangement of material in the outputs, or creative modifications of the outputs.

EarlKing · 2 days ago
Original expression, yes, however you should've kept reading:

"In the Office’s view, it is well-established that copyright can protect only material that is the product of human creativity. Most fundamentally, the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans." "In the case of works containing AI-generated material, the Office will consider whether the AI contributions are the result of “mechanical reproduction” or instead of an author’s “own original mental conception, to which [the author] gave visible form.” 24 The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work.25 This is necessarily a case-by-case inquiry." "If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it."

The office has been quite consistent that works containing both human-made and AI-made elements will be registerable only to the extent that they contain human-made elements.

EarlKing commented on AI tooling must be disclosed for contributions   github.com/ghostty-org/gh... · Posted by u/freetonik
Waterluvian · 3 days ago
I’m not a big AI fan but I do see it as just another tool in your toolbox. I wouldn’t really care how someone got to the end result that is a PR.

But I also think that if a maintainer asks you to jump before submitting a PR, you politely ask, “how high?”

EarlKing · 3 days ago
It's not just about how you got there. At least in the United States according to the Copyright Office... materials produced by artificial intelligence are not eligible for copyright. So, yeah, some people want to know for licensing purposes. I don't think that's the case here, but it is yet another reason to require that kind of disclosure... since if you fail to mention that something was made by AI as part of a compound work you could end up losing copyright over the whole thing. For more details, see [2] (which is part of the larger report on Copyright and AI at [1]).

--

[1] https://www.copyright.gov/ai/

[2] https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...

EarlKing commented on AGENTS.md – Open format for guiding coding agents   agents.md/... · Posted by u/ghuntley
EarlKing · 5 days ago
I have a much shorter AGENTS.md:

"No."

EarlKing commented on Porn censorship is going to destroy the internet   mashable.com/article/age-... · Posted by u/Teever
bilbo0s · 5 days ago
What gets me is that people keep voting in favor of this stuff?

It's clear that the HN crowd is a bit of an echo chamber. Somehow, these messages of warning are not getting to people who need to hear them in order to stop voting against their own interests.

Well, now I think about it, people vote against their own interests on all kinds of issues. So I suppose this one doesn't have to be any different?

EarlKing · 5 days ago
People don't vote for this. Politicians do. People need to be made aware of what their politicians are up to in their name and encouraged to punish politicians for their acts of treachery at the polls, including the credible threat of a recall election. That, however, would require organizations that aren't a clownshow. I've been singularly unimpressed by the actions of NetChoice (who recently got slammed for handing in "expert testimony" that clearly was written by ChatGPT) and Free Speech Coalition (who clearly are the porn lobby and invariably approach every problem with an approach guaranteed to lose in court). The EFF seems content to wag their finger while doing nothing substantial. The FSF is utterly silent in the face of app store regulations that, if you read them carefully, would ensnare them and anyone else distributing software online, to say nothing of making it impossible to manufacture a PC or operating system that doesn't implement these child-detection controls.

TL;DR We appear to be seriously lacking in leadership and organization.

EarlKing commented on Porn censorship is going to destroy the internet   mashable.com/article/age-... · Posted by u/Teever
EarlKing · 5 days ago
What amazes me is that this article fails to mention that the slippery slope is already underway. Multiple states have some variation on the "App Store Accountability Act" that requires you present ID just to download apps, including Texas (SB 2420) and Louisiana (HB 570), with several more underway. Then there's the various acts that try to regulate social media by demanding you present ID to be able to post (or else gimp your site to fit one of the carve-outs they have which conveniently ensures that users cannot engage in public posting of any kind towards one another) such as Texas's HB 186 (from 2024).

Put simply: You've all been asleep at the switch while the US-side Internet has been systematically under attack by pornscolds trying to implement Chinese-style censorship, this article's author included.

EarlKing commented on Funding Open Source like public infrastructure   dri.es/funding-open-sourc... · Posted by u/pabs3
EarlKing · 10 days ago
The average developer, whether of open source or otherwise, refuses to use even the bare minimum of engineering discipline in realizing their programs, thereby resulting in an explosion of bugs that the rest of us have to pay for with our time, effort, and sanity.... and they want taxpayer money for that? HOW ABOUT NO. And don't tell me things would be different if we paid them since commercial software developers are certainly incentivized to do things properly and they STILL refuse to use proper engineering practices.
EarlKing commented on AI overviews cause massive drop in search clicks   arstechnica.com/ai/2025/0... · Posted by u/jonbaer
flashgordon · a month ago
So youd be surprised and scared - the Ad PMs I know are totally salivating at this. Their angle is "SEO is no more - it is GEO now". GenAI Engine Optimization. Welcome to the Futurama Internet Future!
EarlKing · a month ago
"Futurama does not endorse the COOOOOOL crime of fraudulent misrepresentation!"

Seriously, Futurama and Cyberpunk and 1984 were all supposed to be warnings... not how-to manuals.

EarlKing commented on LooksMapping   looksmapping.com/... · Posted by u/elsewhen
EarlKing · 2 months ago
..........not a hotdog.
EarlKing commented on A Higgs-Bugson in the Linux Kernel   blog.janestreet.com/a-hig... · Posted by u/Ne02ptzero
protocolture · 2 months ago
I love the term "Higgs Bugson". Its much better than what I usually do which is just call a system haunted.
EarlKing · 2 months ago
Haunted? Hell, it's positively possessed.

u/EarlKing

KarmaCake day1330March 18, 2021
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