> Blanchard is, of course, familiar with the source code, he's been its maintainer for years.

I would argue it's irrelevant if they looked or didn't look at the code. As well as weather he was or wasn't familiar with it.

What matters is, that they feed to original code into a tool which they setup to make a copy of it. How that tool works doesn't really matter. Neither does it make a difference if you obfuscate that it's an copy.

If I blindfold myself when making copies of books with a book scanner + printer I'm still engaging in copyright infringement.

If AI is a tool, that should hold.

If it isn't "just" a tool, then it did engage in copyright infringement (as it created the new output side by side with the original) in the same way an employee might do so on command of their boss. Which still makes the boss/company liable for copyright infringement and in general just because you weren't the one who created an infringing product doesn't mean you aren't more or less as liable of distributing it, as if you had done so.

I just don't see how it's relevant whether he did look or didn't. In my opinion, it's not just legally valid to make a re-implementation of something if you've seen the code as long as it doesn't copy expressive elements. I think it's also ethically fine as well to use source code as a reference for re-implementing something as long as it doesn't turn into an exact translation.

Oracle had it's day in court with Google over the Java APIs. Reimplementing APIs can be done without copyright infringement, but Oracle must have tried to find real infringement during discovery.

In this case, we could theoretically prove that the new chardet is a clean reimplementation. Blanchard can provide all of the prompts necessary to re-implement again, and for the cost of the tokens anyone can reproduce the results.

>This feels sort of like saying "I just blindly threw paint at that canvas on the wall and it came out in the shape of Mickey Mouse, and so it can't be copyright infringement because it was created without the use of my knowledge of Micky Mouse"

IANAL, but that analogy wouldn't work because Mickey Mouse is a trademark, so it doesn't matter how it is created.

Can anyone find the actual quote where Blanchard said this?

My understanding was that his claim was that Claude was not looking at the existing source code while writing it.

Isn't this a red herring? An API definition is fair use under Google v. Oracle, but the test suite is definitely copyrightable code!

If you only stick to the API and ignore the implementation, it is not Mickey Mouse any more but a rodent. If it was just a clone it wouldn't be 50x as fast. Nevertheless, APIs apparently can be copyrightable. I generally disagree with this; it's how PC compatibles took off, giving consumers better options.

> This feels sort of like saying "I just blindly threw paint at that canvas on the wall and

> He fed only the API and the test suite to Claude and asked it

Difference being Claude looked; so not blind. The equivalent is more like I blindly took a photo of it and then used that to...

Technically did look.

What if we said that generative AI output is simply not copyrightable. Anything an AI spits out would automatically be public domain, except in cases where the output directly infringes the rights of an existing work.

This would make it so relicensing with AI rewrites is essentially impossible unless your goal is to transition the work to be truly public domain.

I think this also helps somewhat with the ethical quandary of these models being trained on public data while contributing nothing of value back to the public, and disincentivize the production of slop for profit.