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A couple of things: The “AI industry” is nowhere near as large as it pretends to be, most of its valuation is in the form of IOUs being traded back and forth. However, the bubble popping probably will wipe a few hundred billion of value from the stock market, because that’s what happens when a speculative bubble pops.

The second thing is that I’m not necessarily talking about whether _a specific LLM itself_ infringes copyright, but whether _its output_ is covered by the copyright of _its training material_. Whether training an LLM is an activity that infringes copyright is not well-settled in any precedential way, whether the trained LLM as an artifact infringes copyright is even less settled, and whether the output of that LLM is either infringing or covered by copyright is also not settled. These are all still extremely open questions.

That means anyone doing reasonable risk management should not just blithely race ahead and assume that there’s no infringement, which appears to be the approach the GCC project is taking explicitly and which also appears to be the approach projects like Linux and LLVM are taking implicitly (mostly through weasel-language like accepting responsibility for code you’re submitting).



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