this post was submitted on 31 Oct 2026
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I'm not so convinced on that one. Copying code without permission, yes, that's illegal. Distributing copied code without permission, also illegal. But processing code (copied with permission) into weights, that doesn't feel to me like a violation. If I have a legit copy of something, I should be able to distribute computed statistics about that copy.
EFF points out some hazards: https://www.eff.org/deeplinks/2026/10/rewriting-copyright-law-generative-ai-would-hurt-everyone
Sure, but it's not just statistics like "30% of lines contain the letter E". It reproduces the material, sometimes verbatim.
A model is very obviously a derivative work, as it has 0% original content input. Under fair use law, it also very obviously fails all four tests.
Reproduction of the material we agree is against the law.