The use of large language models (“LLMs”) has exploded in recent years, including in the generation of source code. But even as their usage gains popularit...
Copyright grounds its justification in the creative expression of people. By creative transformation, new works can be created and some of those are deemed not restricted by copyright in the earlier work.
An LLM is not a person. An LLM has no mind and no creative expression. The training of an LLM and the inference from the LLM are, by definition, non-creative mechanical transformation from the input training data.
The copyright of the input work should, by this logic, survive whole in the output from that mechanical non-creative process. That is substantially different from the process by which humans learn and create.
Copyright grounds its justification in the creative expression of people. By creative transformation, new works can be created and some of those are deemed not restricted by copyright in the earlier work.
An LLM is not a person. An LLM has no mind and no creative expression. The training of an LLM and the inference from the LLM are, by definition, non-creative mechanical transformation from the input training data.
The copyright of the input work should, by this logic, survive whole in the output from that mechanical non-creative process. That is substantially different from the process by which humans learn and create.