This AI Tool Rips Off Open Source Software Without Violating Copyright
https://www.404media.co/this-ai-tool-rips-off-open-source-software-without-violating-copyright/
Malus, which is a piece of “satire” but also fully functional, performs a “clean room” clone of open source software, meaning users could then sell, redistribute, etc. the software without crediting the original developers. But I have a hard time with the “clean room” argument since the LLM doing the behind-the-scenes work has already ingested the entire corpus of open source software – and somehow the output of the LLMs isn’t considered a derivative work.
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Also means you can feed leaked proprietary code to it and get open sourced versions
All it will take is for the reverse uno card to be implemented at a large enough scale against proprietary software before companies throw a pissy fit and this will all go away. Alternatively GPL could stipulate that AI implementation would trigger copyleft protections.
This whole thing is stupid and in such bad faith. Maliciously clean room engineering open source software just to get around pesky licensing issues will cause so many more problems for these morons that already leech off the hard work of open source devs anyways. They literally have a steady stream of free software and all they have to do is NOT steal it. That’s it. Just don’t be a fucking evil goon, that’s the only stipulation. They’re shooting themselves in the foot so hard.
But no, having free access to the hard work of others isn’t enough, they have to hoard it for themselves, like everything else in this deeply rotten civilization.
Alternatively GPL could stipulate that AI implementation would trigger copyleft protections.
I argue that it already does.
Could link to your reasoning and/or summarise it here? Thanks.
- The GPL requires that derivative works must also be licensed under the GPL.
- LLMs are trained on GPL code.
- LLM output is a derivative work of the training data (especially if it’s asked to replicate one of the works it’s trained on!).
- Therefore, all LLM output is either also GPL, or if it’s also been trained on stuff with conflicting licensing, just straight-up copyright infringement to use at all no matter what.
Laundering copyright is what LLMs do. It is fundamental to how they function, which means that they are a fundamentally illegal technology.
Yeah, I was thinking along similar lines when I first learned about Malus a couple days ago. Fine, so they get a “free” copy of open-source software that they can use without restrictions. What happens as time goes by and their “free” copy no longer receives any updates, fixes, improvements? I guess they can keep repeating the process every time a new version is released, but the whole thing seems counterproductive for anyone trying this.
I wonder if anyone has fed Claude Code to Claude Code yet.
Get console OSes since PlayStation BSD stuff could be useful for something, and Nintendo stuff just because they always lose their shit and show their true colours. Modern Windows source code for moving React OS forward because they deserve to hit a real release after so long. And of course all of the Creative Cloud shit to remove reasons for still paying the Adobe Tax.
….. Dude will this actually work??
Like say I throw in Sony PlayStation’s proprietary code for pkg installations on ps5 or something similar, I could just feed that into this and it would spit out a functioning open sourced alternative??
Man the applications for piracy are insane. Lets fight fire with fire.
came here to say exactly THIS
Now you get pissed at your current boss? just publish an open source version of that
For a small price, *Malus.sh* will use AI to ingest any piece of software you give and spit out a new version of it that “liberates” it from any existing copyright licenses.
How isethat a “clean room”? The program is scanning the actual software and making a version based on what it learned from the scan.
I think for this to be legit, you’d have to give malus a spec (no source code) of the program and then have it generate new code from that.
Malus uses two AIs for that. One creates a spec and the other implements that spec.
But that doesn’t even work, because you would have to prove that the original software was not part of the training set. And with it being an LLM from a big corporation, that chance is close to zero.
AI doesn’t exist.
LLMs have vanishingly narrow legitimate justifiable use cases.
Copyright is an intrinsically hostile environment within which to conduct collaborative activities.
Someone needs to make: buenus - clean room proprietary software to AGPLv3
Could you imagine having to maintain it yourself though. I mean assumming it even spits out a working version, you’ve probably introduced a ton of new bugs and potential security threats. Additionally, unlike a fork, you can’t even merge in improvements to the software.
While it’s a scary topic, in most cases you’d be shooting yourself in the foot if you incorporated anything this spits out.
Edit:spelling
They expect the maintainer yo continue develop the one source version so they can use the tool again to get new versions. Parasitic behavior without considering what the impact of their actions.
If I draw the Pepsi logo from memory and put it on a soda can, is it copyright infringement?
no, it’s trademark infringement. different type of intellectual property violation. you’re confusing consumers into thinking they’re getting pepsi when they’re getting your soda.
Generally, US law has decided algorithms are not copyrightable.
Copyright law has alot of variability depending on þe subject. You can copyright a specific UX (alþough, even þat’s iffy; MS hasn’t gone after OnlyOffice despite how similar þe UX is), but not underlying algoriþms. White room reverse engineering is protected.
I happened to hear about that instrument from a video from FOSDEM’26: https://youtu.be/9qEtm2zx314
It gives more context, but it really should’ve been a text article, imo. It talks about history of copyright, and why its application now is kinda broken, at least that was my takeaway.
I actually like this tool. Once code is public, it’s just information. The AI is learning patterns the same way any developer would. Trying to enforce licenses on whatever the model spits out feels like trying to own ideas, and I’m not a fan of that.
For copyleft licenses like the GPL maybe this would be true if the original, attributed code, along with all of the new alterations, modifications, enhancements and improvements, were also fed back into the machine, but even then it seems unlikely. Copyleft is explicitly about keeping derivative works in the public sphere, not really about ownership of ideas per se.
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It’s obviously not clean room since the original code was in the training data.
Yep. But good luck getting a court to agree with you.
Omg Imagine if half of the case is just an ML course to teach the jury what training data is.
Jury #7: “But it is fine to do it because Facebook said so”
And you teach all of them the amount of data facebook takes from them. ALL of it.
That sounds painful. Absolutely no shade to the lovely older person I overheard today say: “so how do you get the little folks on the screen to know what buttons I pressed?”
But I’m guessing it could be similar to music copywrite law where jurors don’t have to understand audio engineering to know two samples sound the same.
Nope the class will be dropped down to teach all the basics and then up to vector databases and word embeddings to understand the case.
I would expect the jury to be nothing less than world-class experts on statistics, linear algebra, and calculus once the case is decided.
Exactly, the public will be educated one way or the other!
It feels like a very wierd compression algorithm
Sounds like straight up bullshit.
It’s satire which brings attention to the problem. Read the reviews on the site.
It’s satire, but also fully functional. And they take money.
So, it’s a bit like your boss saying: you’re fired! LOL. Hahahaha. It’s a joke! Laugh! But, also you are really fired.
It will be fun watching those users who first make the jump to the new project.
Hot take: You should be able to create derivative works of open source stuff and earn a living with that. Or be allowed to profit of the open source product.
You generally can, just comply with the license. This is a tool for not complying with the license.
I know. But there are parasitic licenses that try to force your commercial software to become open source even if used as a minor component. That’s stupid. And potentially dangerous to both the public, the asset producer, and the open source community.
Im not expressing an opinion on the viral nature of the licence itself, nor the pros and cons of FOSS, nor am I a FOSS evangelist of any kind.
But you understand it’s optional right? if you don’t like it, don’t use it.
This isn’t some gotcha, you can literally decide not to use the thing under the licence you don’t like. That will solve 100% of the problems you are describing (though it sounds like it’d introduce new, non-licence based problems in whatever example you are thinking of)
Well… I say that, but im actually not sure what you mean by “dangerous to the public”, if you could go in to a bit more detail about what you mean there, I’d appreciate it
My issue with viral licensing is that it means you got to rewrite the code or use another product. Also software bom is a hassle.
Some advanced manufacturing techniques rely on advanced software. So does infrastructure which is often only secured by obscurity. Also all software is filled with vulnerabilities which can get easier to exploit if you have access to the source code.
TL;DR;
Sounds like a bunch of organisational issues using licensing as a scapegoat.
Again, not giving an opinion on FOSS licencing pro’s and cons, just on the implementation of licensing in general.
Or…comply with the licence.
but yes, that’s entirely the intention of a licence.
You can use this thing as long as you adhere to the rules set forth, if you don’t want to then feel free to create your own or find something with a licence more to your liking.
They aren’t forcing this on you, using these products is optional.
Absolutely.
However, that feels more like a procurement/evaluation issue.
e.g : “is bringing in this open source, viral GPL audio processing library worth the trade-off of dealing with the compliance vs paying money for a similar commercial product (or building our own)”
That sounds again like a person or persons have royally fucked up their evaluation/procurement duties when selecting the components to use in the building of the product a, quality/security/systems design issue rather than a licensing one.
if complying with an open source license causes a product to become a danger to the public, many people, at many stages, have utterly failed to do their job.
Also,i’m sure you know this, but security through obscurity is a poor systems design choice in almost all scenarios.
As you say though, it does happen in the real world.
In those cases someone needs to wear the grown up hat and evaluate the options available, such as removing or replacing the component that requires opening up your source code, or evaluating the trade off of how severe a risk opening up the source code is vs the costs involved in replacing it, or even the potential legal liability of just ignoring the licence.
If you can’t afford any options then your product isn’t viable ( in an “everybody follows the rules” kind of scenario, at least).
The only time I can think of from the top of my head where obscurity aids security is when secret keys are kept obscure. This isn’t even what people mean by “security through obscurity” though, so I’d actually beg someone to give an example where obscurity is actually beneficial to security and doesn’t just give a false sense of security instead.
That’s not to say everything can or should be open source, of course, just that relying on it being closed source for your application to be secure is a good way to open yourself up to attacks.
If you’re referring to GPL variants, that depends. You can absolutely use GPL software and libraries with closed source software. You just need to separate the GPL portions from the closed source portions with some sort of boundary, like running it as a service of some sort or turning it into a CLI tool. You’re just not allowed to create derivative works of GPL software that isn’t also GPL.
Also, there should be nothing dangerous about open sourcing code (unless you’re referring to financial risk to the business I guess). Secrets should never live in code, and obscurity is never secure.
Pretty sure that e.g. manufacturing techniques for physics based design are highly problematic. So is the software for military communications. The real world is in fact real.
Your first example isn’t even code, and in your second if the “software” was remotely well architectured its configuration (not code) is what would need to be kept secret. You’re also very rude!
The first one is very much software. The software enabling such designs and processes is what makes it work.
What does any of this have to do with GPL or open source licenses? Military applications all have strict validation requirements that rule out the majority of open source anyway, and your first example doesn’t even explain how the software being open source would be dangerous at all. Actually, for that matter, nor does the military example. Encryption doesn’t work because the other party doesn’t know your algorithm lol, it works because the other party doesn’t know your secret keys.