[License-discuss] Curious about derived works and AI...

[Bruce Perens]

Hi Sado-san,

It is unfortunate that Japan made the choice that it did, because it makes
Open Source software fair game for those who would profit from the work of
our developers without attribution or remuneration and entirely outside of
their license terms. I came to the conclusion that this could not be fixed
under my own rules in the OSD. This is one of the reasons I've been working
on Post-Open. At this time the Post-Open license requires explicit consent
for use in Japan (rather than tear-open or implicit consent) because I felt
that was necessary to work reliably within their law.

    Thanks

    Bruce

On Sat, May 25, 2024 at 5:31 PM Shuji Sado <shujisado at gmail.com> wrote:

> In general, Japanese copyright law is considered to be one of the most
> compatible with machine learning in the world.
> Training AI with open source code is basically considered legal, and
> even for commercial software code, AI training is legal as long as it
> is not explicitly prohibited by contract.
>
> However, if the output generated by the AI is substantially identical
> to the original code, it will be considered copyright infringement of
> the original code.
> License washing is not permitted.
>
> The Agency for Cultural Affairs in Japan recently published an English
> PDF titled "General Understanding on AI and Copyright in Japan":
> https://www.bunka.go.jp/english/policy/copyright/pdf/94055801_01.pdf .
> Various industries in Japan discussed and submitted tens of thousands
> of public comments for the creation of this document.
> Although it is not a complete document, it provides an understanding
> of how Article 30-4 of the Copyright Act, which is seen as fully
> endorsing machine learning, actually functions.
>
>
> 2024/05/26 2:10 Bruce Perens via License-discuss
> <license-discuss at lists.opensource.org>:
> >
> > 1. Not in Japan, because they've decided to make their law that way. 2.
> It should be the case in most countries, but it is not so far because it's
> not literal copying and cases which are attempting to make the point that
> it is copying are still in litigation.
> >
> > On Sat, May 25, 2024, 06:55 Miles Georgi <azimux at gmail.com> wrote:
> >>
> >> Hi! If I open-source a project with a free license, if code from that
> project winds up being used as training data or prompt data to a
> code-generating AI to generate similar code, would that generated code be
> considered a derived work under any circumstances? And does that
> potentially depend on what license is chosen?
> >>
> >> I'm trying to choose a license for a project I wish to release and I'm
> assuming there's no way to protect against something like that but figured
> I'd ask.
> >>
> >> Cheers!
> >>
> >> Miles
> >> _______________________________________________
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>
>
> --
> Shuji Sado
> Chairman, Open Source Group Japan
> https://opensource.jp/
> https://shujisado.com/
>
> _______________________________________________
> The opinions expressed in this email are those of the sender and not
> necessarily those of the Open Source Initiative. Official statements by the
> Open Source Initiative will be sent from an opensource.org email address.
>
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-- 
Bruce Perens K6BP
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