this post was submitted on 12 Apr 2026
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Linux lays down the law on AI-generated code, says yes to Copilot, no to AI slop, and humans take the fall for mistakes — after months of fierce debate, Torvalds and maintainers come to an agreement (www.tomshardware.com)
submitted 1 week ago by throws_lemy@lemmy.nz to c/technology@lemmy.world
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[–] ell1e@leminal.space 5 points 1 week ago (1 children)

Would you also say that to this lawyer reviewing Co-Pilot in 2026? https://github.com/mastodon/mastodon/issues/38072#issuecomment-4105681567

Disclaimer: this isn't legal advice.

[–] anarchiddy@lemmy.dbzer0.com 0 points 1 week ago (1 children)

LLMs themselves being products of copyright isnt the legal question at issue, it's the downstream use of that product.

If I use a copyright-infringing work as a part of a new creative work, does that new work infringe copyright by default? Or does the new work need to be judged itself as to the question of infringing a copyrighted work?

And if it is judged as infringing, who is responsible for the damage done? Can I pass the damages back to the original infringing work? Or should I be held responsible for not performing due diligence?

[–] FauxLiving@lemmy.world 3 points 1 week ago (1 children)

If I use a copyright-infringing work as a part of a new creative work, does that new work infringe copyright by default?

No, see reaction content, parody content, etc. They all undoubtedly use copyrighted work and they don't automatically infringe on copyright by default.

And if it is judged as infringing, who is responsible for the damage done? Can I pass the damages back to the original infringing work? Or should I be held responsible for not performing due diligence?

The infringing party is the human that used the tool which generated the infringing work. Everything after that is exactly the same applicaton of copyright law just as if you were selling pictures of Mickey Mouse that you drew yourself. Disney can sue you, they can't sue the pencil manufacturer.

[–] anarchiddy@lemmy.dbzer0.com 3 points 1 week ago

Yup

People want to pretend as if everything that flows downstream from the creation of LLMs is illegal, but that's just not the reality.