A favorite example of mine is speed limits. There is a difference between "putting up a sign that says 55 mph and walking away", "putting up a sign that says 55 mph and occasionally enforcing it with expensive humans when they get around to it", and "putting up a sign that says 55 mph and rigidly enforcing it to the exact mph through a robot". Nominally, the law is "don't go faster than 55 mph". Realistically, those are three completely different policies in every way that matters.
We are all making a continual and ongoing grave error thinking that taking what were previously de jure policies that were de facto quite different in the real world, and thoughtlessly "upgrading" the de jure policies directly into de facto policies without realizing that that is in fact a huge change in policy. One that nobody voted for, one that no regulator even really thought about, one that we are just thoughtlessly putting into place because "well, the law is, 55 mph" without realizing that, no, in fact that never was the law before. That's what the law said, not what it was. In the past those could never really be the same thing. Now, more and more, they can.
This is a big change!
Cost of enforcement matters. The exact same nominal law that is very costly to enforce has completely different costs and benefits then that same law becoming all but free to rigidly enforce.
And without very many people consciously realizing it, we have centuries of laws that were written with the subconscious realization that enforcement is difficult and expensive, and that the discretion of that enforcement is part of the power of the government. Blindly translating those centuries of laws into rigid, free enforcement is a terrible idea for everyone.
Yet we still have almost no recognition that that is an issue. This could, perhaps surprisingly, be one of the first places we directly grapple with this in a legal case someday soon, that the legality of something may be at least partially influenced by the expense of the operation.
The big caveat, though, is that when enforcement becomes more accurate, the rules and penalties need to change. As you point out, a rigidly enforced law is very different from one that is less rigorously enforced. You are right that there is very little recognition of this. The law is difficult to change by design, but it may soon have to change faster than it has in the past, and it's not clear how or if that can happen. Historically, it seems like the only way rapid governmental change happens is by violent revolution, and I would rather not live in a time of violent revolution...
Increasing the precision of enforcement makes a lot more sense for direct-harm laws. You won't find anyone seriously arguing that full 100% enforcement of murder laws is a bad idea. It's the preemptive laws, which were often lazily enforced, especially when no real harm resulted from the action, where this all gets complicated. Maybe this is the distinction to focus on.
If a law being enforced 100% of the time causes problems then rethink the law (i.e. raise the speed limit, or design the road slower).
Isn't this the point of the whole conversation we are having here?
Laws on copyright were not created for current AI usage on open source project replication.
They need to change, because if they are perfectly enforced by the letter, they result in actions that are clearly against the intent of the law itself.
The underlying problem is that the world changes too fast for the laws so be fair immediately
There are numerous cases, both in history and in fiction, that demonstrate as much.
>only to allow targeted enforcement in service of harassment and oppression
That's absurd hyperbole. A competent policeman will recognise the difference between me driving 90 km/h on a 80 km/h road because I didn't notice the sign. And me driving 120 km/h out of complete disregard for human life. Should I get a fine for driving 90? Yea, probably. Is it a first time offence? Was anyone else on the road? Did the sign get knocked down? Is it day or night? Have I done this 15 times before? Is my wife in labour in the passenger seat? None of those are excuses, but could be grounds for a warning instead.
Imprecise law enforcement enables political office holders to arbitrarily leverage the law to arrest people they label as a political enemy, e.g. Aaron Swartz.
If everyone that ever shared publications outside the legal subscriber base was precisely arrested, charged, and punished, I dont think the punishment amd current legal terrain regarding the charges leveraged against him would have lasted.
But this is a feature, not a bug.
https://www.fxleaders.com/news/2025/10/29/code-is-law-sparks...
Additionally, law is not logical. Law is about justice and justice is not logical.
You cannot have precise enforcement with imprecise laws. It’s as simple as that.
The HN favorite in this respect is “fair use” under copyright. It isn’t well specified enough for “precise enforcement”. How do you suggest we approach that one?
But if I've learned anything in 20 years of software eng, it's that migration plans matter. The perfect system is irrelevant if you can't figure out how to transition to it. AI is dangling a beautiful future in front of us, but the transition looks... Very challenging
As Edward Snowden once argued in an AMA on Reddit, a zero crime rate is undesirable for democratic society because it very likely implies that it's impossible to evade law enforcement. The latter, however, means that people won't be able to do much if the laws ever become tyrannic, e.g. due to a change in power. In other words, in a well-functioning democratic society it must always be possible (in principle) to commit a crime and get away.
The problem with perfect enforcement is it requires the same kind of forethought as waterfall development. You rigidly design the specification (law) at the start, then persist with it without deviation from the original plan (at least for a long time). In your example, the lawmakers may still pass the law because they don't think of their kids as drug users, and are distracted by some outrage in some other area.
Giving the former discretion was a way to sneakily contain the worst excesses of the latter.
Alas, self-interest isn't really something voters seem to really take into account.
Eastern Europe went through a similar transition. Before the iron curtain fell, the eastern bloc operated on favors more than it operated on money. This definitely isn't the case any more.
Many governments around the world have entities to which you can write a letter, and those entities are frequently obligated to respond to that letter within a specific time frame. Those laws have been written with the understanding that most people don't know how to write letters, and those who do, will not write them unless absolutely necessary.
This allows the regulators to be slow and operate by shuffling around inefficient paper forms, instead of keeping things in an efficient ticket tracking system.
LLMs make it much, much easier to write letters, even if you don't speak the language and can only communicate at the level of a sixth-grader. Imagine what happens when the worst kind of "can I talk to your supervisor" Karen gets access to a sycophantic LLM, which tells her that she's "absolutely right, this is absolutely unacceptable behavior, I will help you write a letter to your regulator, who should help you out in this situation."
https://yalelawjournal.org/pdf/200_ay258cck.pdf
which, as I recall it, suggested that the copyright law effectively considered that it was good that there was a way around copyright (with reverse engineering and clean-room implementation), and also good that the way around copyright required some investment in its own right, rather than being free, easy, and automatic.
I think Samuelson and Scotchmer thought that, as you say, costs matter, and that the legal system was recognizing this, but in a kind of indirect way, not overtly.
Hey, I really like this framing. This is a topic that I've thought about from a different perspective.
We have all kinds of 18th and 19th century legal precedents about search, subpoenas, plain sight, surveillance in public spaces, etc... that really took for granted that police effort was limited and that enforcement would be imperfect.
But they break down when you read all the license plates, or you can subpoena anyone's email, or... whatever.
Making the laws rigid and having perfect enforcement has a cost-- but just the baseline cost to privacy and the squashing of innocent transgression is a cost.
(A counterpoint: a lot of selective law enforcement came down to whether you were unpopular or unprivileged in some way... cheaper and automated enforcement may take some of these effects away and make things more fair. Discretion in enforcement can lead to both more and less just outcomes).
The U.S. constitution has been written in an age before phones, automatic and semi-automatic rifles (at least in common use), nuclear weapons, high-bandwidth communications networks that operate at lightning speed, mass media, unbreakable encryption and CCTV cameras.
But since having 300 million people have a detailed, nuanced discussion about anything is impossible, everyone works at the edges.
As in their post:
"The future of software is not open. It is not closed. It is liberated, freed from the constraints of licenses written for a world in which reproduction required effort, maintained by a generation of developers who believed that sharing code was its own reward and have been comprehensively proven right about the sharing and wrong about the reward."
This applies to open-source but also very well to proprietary software too ;) Reversing your competitors' software has never been easier!
There’s the old approach of hanging a wanted poster and asking people to “call us if you see this guy”. Then there’s the new approach matching faces in a comprehensive database and camera networks.
The later is just the perfect, efficient implementation of the former. But it’s… different somehow.
In the US, the police do not generally need a warrant to tail you as you go around town, but it is phenomenally expensive and difficult to do so. Cellphone location records, despite largely providing the same information, do require warrants because it provides extremely cheap, scalable tracking of anyone. In other words, we allow the government to acquire certain information through difficult means in hopes that it forces them to be very selective about how they use it. When the costs changed, what was allowed also had to change.
And this same principle allows them to build massive friend/connection networks of everyone electronically. The government knows every single person you've communicated with and how often you communicate with them.
It was never designed for this originally.
To do this, though, you're going to have to get rid of veto points! A bit hard in our disastrously constitutional system.
"Costs matter" is one way to say it, probably a lot easier to digest and more popular than the "Quantity has a quality all it's own" quote I've been using, which is generally attributed to Stalin which is a little bit of a problem.
But it's absolutely true! Flock ALPRs are equivalent to a police officer with binoculars and a post-it for a wanted vehicle's make, model, and license plate, except we can put hundreds of them on the major intersections throughout a city 24/7 for $20k instead of multiplying the police budget by 20x.
A warrant to gather gigabytes of data from an ISP or email provider is equivalent to a literal wiretap and tape recorder on a suspect's phone line, except the former costs pennies to implement and the later requires a human to actually move wires and then listen for the duration.
Speed cameras are another excellent example.
Technology that changes the cost of enforcement changes the character of the law. I don't think that no one realizes this. I think many in office, many implementing the changes, and many supporting or voting for those groups are acutely aware and greedy for the increased authoritarian control but blind to the human rights harms they're causing.
> Blindly translating those centuries of laws into rigid, free enforcement is a terrible idea for everyone.
I understand your point that changing the enforcement changes how the law is "felt" even though on the paper the law has not changed. And I think it makes sense to review and potentially revise the laws when enforcement methods change. But in the specific case of the 55 mph limit, would the consequences really be grave and terrible if the enforcement was enforced by a robot, but the law remained the same?
The potential consequences of mass surveillance come to mind.
While it is true that many people do speed, that doesn't make their speeding "the real speed limit".
Anyway. I come from the UK where we've had camera based enforcement for aeons. This of course actually results in people speeding and braking down to the limit as they approach the camera (which is of course announced loudly by their sat nav). The driving quality is frankly worse because of this, not better, and it certainly doesn't reduce incidence of speeding.
Of course the inevitable car tracker (or average speed cameras) resolve this pretty well.
If we wanted to strictly enforce speed limits, we would put governors on engines. However, doing that would cause a lot of harm to normal people. That's why we don't do it.
Stop and think about what it means to be human. We use judgement and decide when we must break the laws. And that is OK and indeed... expected.
I would argue that only the last one is a valid reason because it's the only one where it's clear that not speeding leads to direct worse consequences.
Speed limits don't exist just to annoy people. Speeding increases the risk of accident and especially the consequences of an accident.
I don't trust people to drive well in a stressful situation, so why would it be a good idea to let them increase the risk by speeding.
The worst part is that it's not even all that likely that the time saved by speeding ends up mattering.
In the U.S., the average distance from a hospital is 10 miles (in a rural area). Assuming 55 mph speed limits, that means most people are 11 minutes from a hospital. Realistically, “speeding” in this scenario probably means something like 80 mph, so you cut your travel time to 7.5 minutes.
In other words, you just significantly increased your chances of killing your about to be born kid, your wife, yourself, and innocent bystanders just to potentially arrive at a hospital 210 seconds sooner.
Edit: the rushing someone to an ER scenario is possibly more ridiculous, since you can’t teleport yourself, and if the 3.5 minutes in the above scenario would make a difference, then driving someone to the ER is a significantly worse option than starting first aid while waiting for EMTs to arrive.
Your argument only makes sense if the only possible bad thing is a car accident -- to make my point clearer, would you take a 1% chance of losing 100$ to avoid a 50% chance of losing 10$?
Depends how much money you have, but it can be a perfectly rational decision.
The real reason is that speed limits are generally lower than the safe speed of traffic, and enforcement begins at about 10mph over the stated limits.
People know they can get away with it.
If limits were raised 15% and strictly enforced, it would probably be better for society. Getting a ticket for a valid emergency would be easy to have reversed.
(There are other problems, I know, but the regulations are crazy).
An interesting read, however I'd like to know how to stop websites from screwing around with my scrollbars. In this case it's hidden entirely. Why is this even a thing websites are allowed to do - to change and remove browser UI elements? It makes no sense even, because I have no idea where I am on the page, or how long it is, without scrolling to the bottom to check. God I miss 2005.
What if we did build a clean room as a service but the proceeds from that didn't go to the "Malus.sh" corporation, but to the owners / maintainers of the OSS being implemented. Maybe all OSS repos should switch to AGPL or some viral license with link to pay-me-to-implement.com. Companies that want to use that package go get their own custom implementation that is under a license strictly for that company and the OSS maintainer gets paid.
I wonder what the MVP for such a thing would look like.
edit: If anyone wants to brainstorm about this with me drop me a note (email in profile)
> "We had 847 AGPL dependencies blocking our acquisition. MalusCorp liberated them all in 3 weeks. The due diligence team found zero license issues. We closed at $2.3B." - Marcus Wellington III, Former CTO, Definitely Real Corp (Acquired)
> © 2024 MalusCorp International Holdings Ltd. Registered in [JURISDICTION WITHHELD].
> This service is provided "as is" without warranty. MalusCorp is not responsible for any legal consequences, moral implications, or late-night guilt spirals resulting from use of our services.
It's like... revert patent troll? I'm not even sure I get it but the wording "liberation from open source license obligations." just wants to make me puke. I also doubt it's legit but I'm not a lawyer. I hope somebody at the FSF or Apache foundation or ... whomever who is though will clarify.
"Our proprietary AI systems have never seen" how can they prove that? Independent audit? Whom? How often?
Satire... yes but my blood pressure?!
I am going to assume it's the latter.
If you in your house take an AGPL program, host it for yourself, and use it yourself, nothing in the AGPL obligates you to publish the source changes.
In fact, even if you take AGPL software and put it behind a paywall and modify it, the only people who the license mandates you to provide the source code for are the people paying.
The AGPL is basically the GPL with the definition of "user" broadened to include people interacting with the software over the network.
And the GPL, again, only requires you to provide the source code, upon request, to users. If you only distribute GPL software behind a paywall, you personally only need to give the source to people paying.
Although in both these cases, nothing stops the person receiving that source code from publishing it under its own terms.
Google “examples of GPL enforced in court” for a few
Yeah it requires finding out, but how do you prove a whistleblower broke their NDA?
I'm missing something there, that's precisely what I'm arguing again. How can it do a clean-room reimplementation when the open source code is most likely in the training data? That only works if you would train on everything BUT the implementation you want. It's definitely feasible but wouldn't that be prohibitively expensive for most, if not all, projects?
But we'd be able to look at his clone code and see it's different, with different algorithms, etc. We could do a compare and see if there are any parts that were copied. It's certainly possible to clone GNU grep without copying any code and I don't think it would fail any copyright claims just because the GNU grep code is in the wild.
If that was the case, the moment any code is written under the GPL, it could never be reimplemented with a different license.
So instead of a human cloner, I use AI. Sure, the AI has access to the GPL code - every intelligence on the planet does. But does that mean that it's impossible to reimplement an idea? I don't think so.
Just because something is trivial enough to copy does not mean it was trivial to conceive of and codify. Mens rea really does matter when we are talking about defrauding intellectual property holders and stealing their opportunity.
But then how can the FSF reimplement AT&T utilities? The FSF didn't invent grep. They wrote a new version of it from scratch under a different license.
The "clean room" aspect for that came in the way that the people writing the new implementation had no knowledge of the original source material, they were just given a specification to implement (see also Oracle v. Google).
If you're feeding an LLM GPL'd code and it "creates" something "new" from it, that's not "clean room", right?
At the end of the day the supposed reimplementation that the LLM generates isn't copyrightable either so maybe this is all moot.
I didn’t RTFA but I suppose that by clean room here they mean you feed the code to ”one” LLM and tell it to write a specification. Then you give the specification to ”another” LLM and tell it to implement the specification.
It's great within the context of people who understand it, enlightening even. Sparks conversations and debates. But outside of it ignorance wields it like a bludgeon and dangerous to everyone around them. Look at all the satirical media around fascism, if you knew to criticize you could laugh, but for fascists it's a call to arms.
"Those maintainers worked for free—why should they get credit?"
"Your shareholders didn't invest in your company so you could help strangers."
"For the first time, a way to avoid giving that pesky credit to maintainers."
"Full legal indemnification [...] through our offshore subsidiary in a jurisdiction that doesn't recognize software copyright"
Try to take the stance of someone who doesn't really know too much about open source other than it's a nuisance to use, this is a great idea! I wanted to use this tool that corporate said we couldn't touch, but now I can!
The company is literally named “bad/evil.”
EDIT: Reading it again its quite obvious, I was just skimming at first, but still damn. Hilarious
Satire points out the absurd
E.g. Palantir, the surveillance analytics company named after the magic orb that purports to let you remotely view anything you want, but actually allows its creator to view you while manipulating you by selectively showing some things and not others.
https://github.com/chardet/chardet/issues/327
I really got fooled here for a second, but the unfortunate reality is that people will try this soon, and someone will have to litigate this, if open source is to survive, which will take years and millions of dollars to resolve
https://github.com/chardet/chardet/blob/5.0.0/chardet/mbchar...
We all have access to SOTA LLMs. If I want a "clean room" implementation of some OSS library, and I can choose between paying a third party to run a script to have AI rebuild the whole library for me and just asking Claude to generate the bits of the library I need, why would I choose to pay?
I think this argument applies to most straightforward "AI generated product" business ideas. Any dev can access a SOTA coding model for $20p/m. The value-add isn't "we used AI to do the thing fast", it's the wrapping around it.
Maybe in this case the "wrapping" is that some other company is taking on the legal risk?
It's an inevitable outcome of automatic code generation that people will do this all the time without thinking about it.
Example: you want a feature in your project, and you know this github repo implements it, so you tell an AI agent to implement the feature and link to the github repo just for reference.
You didn't tell the agent to maliciously reimplement it, but the end result might be the same - you just did it earnestly.
You need the right kind of person, in the right life circumstances, to have this idea before it happens for real. By having publicity, it becomes vastly more likely that it finds someone who meets the former two criteria, like how it works with other crime (https://en.wikipedia.org/wiki/Copycat_crime). So thanks, Malus :P
It's the difference between a developer taking a job at Palantir out of college because nobody had a better offer, and a guy spending years in his basement designing "Immigrant Spotter+" in the hopes of selling it to the government. Sure, they're both evil, but lots of people pick the first thing, and hardly anybody does the second.
Put differently, this system already exists and is in heavy use today.
WDYM? LLMs are essentially this.
But that's not true!
According to binding precedent, works created by an AI are not protected by copyright. NO ONE OWNS THEM!!!
I think maybe this is a good thing, but honestly, it's hard to tell.
If I want to clone some GPL clone into a MIT license, if it ends up in the public domain because it can't be copyrighted, what do I care? I've still got the code I want without the GPL.
I even recall Baseball Mogul relied on the Lahman DB for a period of time. It does make me wonder if we'll see more of that.
I love it. Brilliant satire that foreshadows the future.
On a quick glance, or skim read, you could be excused for believing this is real, but they drop just enough nuggets throughout that by the end there is no ambiguity.
Really helps illustrates how realistic this could be.
Maybe that's part of the joke, though :)
While such tactics would render certain OSS software licenses absurd, the tactic itself, as a means to get around them, is entirely sound. It just reveals the flawed presupposition of such licenses. And I'm not sure there is really any way to patch them up now.
There will be many questions asked, like why buy some SaaS with way too many features when you can just reimplement the parts you need? Why buy some expensive software package when you can point the LLM into the binary with Ghidra or IDA or whatever then spend a few weeks to reverse it?
That’s how deep we are in neoliberal single truth shit now
For this to be plausible satire, they need to show how they've trained their models to code, without mit, apache, bsd or GPL/agpl code being in the training set...
We need to replatform them at some point, and ideally I'd like to let some agents "use" the apps as a means to copy them / rebuild. Most of these are desktop apps, but some have browser interfaces. Has anyone tried something like this or can recommend a service that's worked for them?
The biggest trick is that you need to spend 75% of your time designing and building very good verification tools (which you can do with help from the LLM), and having the LLM carefully trace as many paths as possible through the original application. This will be considerably harder for desktop apps unless you have access to something like an accessibility API that can faithfully capture and operate a GUI.
But in general, LLM performance is limited by how good your validation suite is, and whether you have scalable ways to convince yourself the software is correct.
I was able to get it to rebuild and hack together a .NET application that we don't have source for. This was done in a Linux VM and it gave me a version that I could build and run on Windows.
We're past the point of legacy blackbox apps being a mystery. Happy to talk more, my e-mail is available on my profile.
Unless obfuscated C# desktop apps are pretty friendly to decompile.
In order to really do this, they would need to train LLMs from scratch that had no exposure whatsoever to open source code which they may be asked to reproduce. Those models in turn would be terrible at coding given how much of the training corpus is open source code.
it is an illusion because this is a satire site.
:)
For example, the Anthropic Rust C compiler could hardly have copied GCC or any of the many C compilers it surely trained on, because then it wouldn't have spat out reasonably idiomatic and natural looking Rust in a differently organized codebase.
Good news for Rust and Lean, I guess, as it seems like everyone these days is looking for an excuse to rewrite everything into those for either speed or safety or both.
The second part is true. The first is a little trickier. The copyright applies to some fixed media (text in this case) rather than the idea expressed, but the protections extend well beyond copies. For example, in fiction, the narrative arc and "arrangement" is also protected, as are adaptations and translations.
If you were to try and write The Catcher in the Rye in Italian completely from memory (however well you remember it) I believe that would be protected by copyright even if not a single sentence were copied verbatim.
They do say this:
> Is this legal? / our clean room process is based on well-established legal precedent. The robots performing reconstruction have provably never accessed the original source code. We maintain detailed audit logs that definitely exist and are available upon request to courts in select jurisdictions.
Unless they're rejecting almost all of open source packages submitted by the customer, due to those packages being in the training set of the foundation model that they use, this is really the opposite of cleanroom.
i do not necessarily agree with the phrasing of ActivePatterns comment, but i also raised an eyebrow at iepathos' comment.
I find surprising that the polemic I heard more talking, seems to be in the open source to close source direction.
It seems to me, that the more relevant part of this new development, for the software industry, it's a teenager working in the weekend with a LLM and making a functional clone of Autocad, for instance.
Axiom of Reality: “Intellectual Property” does not exist.
Funny but true.
Ok great - all software and networks are "free." How do you pay for Doctors and Plumbers and Electricians whose earnings are legally protected by the state but whose skill bases are also freely available to be used within the margin of error of a professional or a layman?
Issues like this are great to have conversations about, but if people don't start broadening the scope very quickly, it just turns into the IT/CS worker's worth going to 0 in a world where others worth are protected. And history states, if only 1 group sees the threat, the remaining trades/industries will let it die.
Focusing overly on corporate structures or specific skills tends to miss the point of how value is assigned in a capitalistic structure when knowledge is cheap. Knowledge has been the capital used by the labor force for hundreds of years. The reason some jobs are resistant is 100% the result of legislation at that point, not anything unique about the job.
"The Trades" seems to be the sales pitch used on the public. In the end they're just labor at that point since I can pump a 20 year old with a master electricians knowledge, keep one master on staff and fire every other person who hits that level when their earnings demand it in the same way we're firing many mid/upper level people in their 30's and 40's now instead of 50's and 60's which is the scenario in Tech today.
Software/IT is just the quickest to be absorbed. Many other industries are just in the slow boil, not seeing it yet.
There is a mutual agreement between all collaborating parties that "hey we ALL need these core fundamental building blocks of software. why dont we all collaborate in this open space?" And everyone wins.
There is tremendous value in the Linux kernel, and these large open source programs. And this is basically an attack by corporations to attempt to privatize it all.
It's nothing new. This is simply the latest example of capitalist "growth at any cost". We sailed past any immorality hazards a LONG time ago.
Doesn’t apply everywhere though.
* Many of the people maintaining FOSS are paid to do so; and if we counted 'significance' of maintained FOSS, I would not be surprised if most FOSS of critical significance is maintained for-pay (although I'm not sure).
* Publishing software without a restrictive license is not 'generous', it's the trivial and obvious thing to do. It is the restriction of copying and of source access that is convoluted, anti-social, and if you will, "insane".
* Similarly, FOSS is not a "miracle" of human cooperation, and it what you get when it is difficult to sabotage human cooperation. The situation with physical objects - machines, consumables - is more of a nightmare than the FOSS situation is a miracle. (IIRC, an economist named Veblen wrote about the sabotaging role of pecuniary interests on collaborative industrial processes, about a century ago; but I'm not sure about the details.)
* Many people read licenses, and for the short, paragraph-long licenses, I would even say that most developers read them.
* It is not insane to use FOSS from a "fiduciary standpoint".
Well, it's one thing to read licenses as a human and another to read them as a lawyer.
That's why it's useful to pick one of the standard licenses that lawyers have already combed over, even if it's a long one like the GPL.
You take Wikipedia, an LLM rewrites every single article giving them your preferred political spin and generates many more pictures for it. You make it sleeker, and price it at 4.99$ per month.
EDIT: That's crazy. They already did that. Waiting for the torment nexus now I guess.
Well, there is one way... You can have a government steal all open source code and force its citizens to only use proprietary hardware and proprietary code, all government sanctioned btw. I wonder if we're headed this way.
I think they should take some responsibility!
^ For those who haven’t been keeping up on the debacle.
But I love it! The perfect response to the "clean room" AI re-implementation and re-licensing of whatever that library is called.
Also, using api and docs itself though not illegal seems defeat the purpose.
Also, it’s not right how creator says “pesky credits to creator”.
Just build your own then. Credit is the least thing everyone using should do.
> Through our offshore subsidiary in a jurisdiction that doesn't recognize software copyright
> If any of our liberated code is found to infringe on the original license, we'll provide a full refund and relocate our corporate headquarters to international waters.
> "Our lawyers estimated $4M in compliance costs. MalusCorp's Total Liberation package was $50K. The board was thrilled. The open source maintainers were not, but who cares?" - Patricia Bottomline, VP of Legal, MegaSoft Industries
Fact that this is satire aside, why would a company like this limit this methodology to only open source? Since they can make a "dirty room" AI that uses computer-use models, plays with an app, observes how it looks from the outside (UI) and inside (with debug tools), creates a spec sheet of how the app functions, and then sends those specs to the "clean room" AI.
and tbh, i cannot see any issues if this is how it is done - you just have to prove that the clean room ai has never been exposed to the source code of the app you're trying to clone.
I'd cheer for a company like this.
It seems to dance just on the other side of what's legal, though.
Then I don't think you've thought it through.
This entire software ecosystem depends on volunteering and cooperation. It demands respect of the people doing the work. Adhering to their licensing terms is the payment they demand for the work they do.
If you steal their social currency, they may just walk away for good, and nobody will pick up the slack for you. And if you're a whole society of greedy little thieves, the future of software will be everyone preciously guarding and hiding their changes to the last open versions of software from some decades ago.
You should read Bruce Perens' testimony in the Jacobsen v. Katzer case that explained all this (and determined that licensing terms are enforceable, and you can't just say "his is open mine is open what's the difference?")
https://web.archive.org/web/20100331083827/http://perens.com...
We need to deal with the issues now. The worst possible outcome is a gradual drip-drip-drip of incremental job losses, people shuffling from job to job, taking financial hits, some companies pretending everything is fine, other companies embracing full-bore zero employee work. The longer it goes on, the more wealth and power gets siphoned up by corporations and individuals who already have significant wealth, the bigger the inequality, and the bigger the social turmoil.
Software, graphics design, music, and video (even studio level movies) should cope with this now. It's not going to stop, AI isn't going to get worse, there's not going to be some special human only domain carved out. The sooner we cope with this the better, because it'll set the foundation for the rest of the job loss barreling down on us like the Chicxulub asteroid.
The end result could well be the people bringing out the guillotines for tech executives, or even the Butlerian Jihad.
But I'm not sure everyone would agree we need to race to those dystopian futures. They might prefer a more conservative future where they nip the scamming / copyright infringement at scale / "disruption" in the bud.
The trouble seems to revolve mainly around money. Give enough of it to someone, or even promise it, and so many people just lose their minds and their moral backbone. Politicians in charge of regulating these shenanigans especially so, I'm not sure they had moral backbones to begin with.
Agree, I said this in another comment, AI-generated anything should be public domain. Public data in, public domain out.
This train wreck in slow motion of AI slowly eroding the open web is no good, let's rip the bandaid.
I publish under AGPL and if someone ever took my project and washed it to MIT I would probably just take all my code offline forever. Fuck that.
I do not believe it will ever again make sense to build open source for business. the era of OSS as a business model will be very limited going forward. As sad and frustrating as it is, we did it to ourselves.
Let’s say instead it consolidated a few packages into 1. This might even be a good idea for security reasons.
Then it offered a mandatory 15% revenue tip to the original projects.
So far GPL enforcement usually comes down to “umm, try and sue us lol”.
How much human intervention is needed for it to be a real innovation and not llm generated. Can I someone to watch Claude do its thing and press enter 3 times ?
It does actually generate a price (which is suspiciously like a fixed rate of $1 per megabyte), and does actually lead you to Stripe. What happens if someone actually pays? Are they going to be refunding everything, or are they actually going to file the serial numbers off for you?
https://www.hp-lexicon.org/magic/solemnly-swear-no-good/
https://news.ycombinator.com/item?id=47329605
https://www.explainxkcd.com/wiki/index.php/2606:_Weird_Unico...
https://fosdem.org/2026/schedule/event/SUVS7G-lets_end_open_...
How far do they take the satire? If you pay them do they actually generate output?
bad, evil, wicked; ugly; unlucky;
It's an interesting word in Latin, because depending on the phonetic length of the vowel and gender it vary greatly in meaning. The word 'malus' (short a, masculine adjective) means wicked, the word 'mālus' (long ā, feminine noun) means apple tree, and 'mālus' (long ā, masculine noun) means the mast of a ship.
"This service is provided "as is" without warranty. MalusCorp is not responsible for any legal consequences, moral implications, or late-night guilt spirals resulting from use of our services."
About the only reason nobody would actually build this is there's no money in it. Who'd pay for a CRaaS version when they're not even paying for the original open source version?
I do think somebody will eventually vibe-code it for the lulz.
> order total = max( $0.50, sum of all packages )
> $0.50 minimum applies per order (Stripe processing floor). No base fee.
Not sure I can trust their output if this simple thing is fluffed
>*Full legal indemnification: *Through our offshore subsidiary in a jurisdiction that doesn't recognize software copyright*
Heh, ok. So, the thinking is:
1. You contract them.
2. The actual Copyright infringement is done by an __offshore__ company.
3. If you get sued by the original software devs, you seek indemnification from the offshore subsidiary.
4. That offshore subsidiary is in a country without copyright laws or with weak laws so "you're good!"
...
5. Profit.
This is a ridiculous legal defense since this "one-way-street" legal process will almost certainly result in you being sued first... the company actually using the infringing code.
The indemnification is likely worthless since the offshore company won't have any assets anyway and will dissolve once there's a lawsuit and legal process is established.
The "guarantee" is absurd: Their "MalusCorp Guarantee" promises a refund and moving headquarters to international waters if infringement is found. This is not a real legal remedy and is written to sound like a joke, which is telling about their seriousness...
This whole "clean room as a service" concept is a legal gray area at best. In practice, it's extremely difficult to prove tha ta "clean room" process was truly clean, especially with AI models that have been trained on vast amounts of existing code (including the very projects they are "recreating").
The indemnification is a marketing gimmick to make a legally dangerous service seem safe. It creates a facade of protection while ensuring that any financial liability stays with you, the customer who wants to avoid infringement .
2. For the sake of argument assume 1 is completely true and feasible now and / or in the near term. If LLM generated code is also non copyrightable... but even if it is... if you can just make a copyleft version via the same manner... what will the licenses even mean any longer?
So the need is real, at least for enshittified libraries.
Let’s hope one of these fake AI grifters doesn’t take this as a serious idea, raised a couple hundred million, and do real damage.
(I’m not against AI, I just don’t like nonsense either in tech, or people)
The linked post contains a whopping lie - "What does it mean for the open source ecosystem that 90% of our open source supply chain can currently be recreated in seconds with today's AI agents"
It can't. Not even close. Please, do show a working clean-room implementation of a major opensource package. (Not left-pad)
We really need to stop hyperventilating and get back to reality.
Historically, it was a good license, and was able to keep Microsoft and Apple in check, in certain respects. But it's too played out now. In the past, a lot of its value came from it being not fully understood. Now it's a known quantity. You will never have a situation where NeXT is forced to open source their Objective-C frontend, for example
> Our process is deliberately, provably, almost tediously legal. One set of AI agents analyzes only public documentation: README files, API specifications, type definitions.
since nearly all open source dependencies couple the implementation with type definitions, I'm curious how this could pass the legal bar of the clean room.
Even if they claim to strip the implementation during their clean room process -- their own staff & services have access to the implementation during the stripping process.
> Those maintainers worked for free—why should they get credit?
ROFL
In practice even with much better AIs this would still be a pretty big risk. The testing you'd need would be extensive.
[1]: https://jerf.org/iri/post/2026/what_value_code_in_ai_era/
When people rewriting open source libs with a bot then come crying to maintainers that their rewrites have bugs, and they would like for someone to fix said bugs for free, there is absolutely no one who will feel obligated to help them out.
In this post that I wrote: https://news.ycombinator.com/item?id=47131572 ... I theorised about how a company could reuse a similar technique to re-implement an open source project to change its license. In short: (1) Use an LLM to write a "perfect" spec from an existing open source project. (2) Use a different LLM to implement a functionally identical project in same/different programming language then select any license that you wish. Honestly, this is a terrifying reality if you can pay some service to do it on your behalf.