Sure, but if it’s open source, I can just take that code without agreeing to your contract. Since it’s public domain, I can do whatever I want with it. You can only enforce a contract if I agree to it.
If someone 100% generates code to make software then the software isn’t protected by copyright.
That software could be distributed and licensed under an EULA and the fact that it isn’t protected by copyright means absolutely nothing as far as the EULA is concerned.
The copyright status and the ability to license a piece of software under contract law do not depend on one another.
The context of my reply is about LLM generated code and the downstream use of it in a product.
See:
LLMs themselves being products of copyright isnt the legal question at issue, it’s the downstream use of that product.
Assuming that the code is 100% LLM generated and uncopyrightable does not affect the ability to enforce license restrictions created via End User Licensing on downstream uses of that product.
A piece of software that is unable to be copyrighted due to being 100% generated can be licensed and can expect to have that license enforced via contract law.
Ah, ok. This is a conversation about Linux, so that doesn’t apply. Linux is open source, so it wouldn’t matter if someone wanted to enforce a EULA, anyone else could just take the source and do what they want with it.
Sure, but if it’s open source, I can just take that code without agreeing to your contract. Since it’s public domain, I can do whatever I want with it. You can only enforce a contract if I agree to it.
It doesn’t have to be open source.
If someone 100% generates code to make software then the software isn’t protected by copyright.
That software could be distributed and licensed under an EULA and the fact that it isn’t protected by copyright means absolutely nothing as far as the EULA is concerned.
The copyright status and the ability to license a piece of software under contract law do not depend on one another.
Linux is open source.
I’m not talking about Linux.
The context of my reply is about LLM generated code and the downstream use of it in a product.
See:
Assuming that the code is 100% LLM generated and uncopyrightable does not affect the ability to enforce license restrictions created via End User Licensing on downstream uses of that product.
A piece of software that is unable to be copyrighted due to being 100% generated can be licensed and can expect to have that license enforced via contract law.
Ah, ok. This is a conversation about Linux, so that doesn’t apply. Linux is open source, so it wouldn’t matter if someone wanted to enforce a EULA, anyone else could just take the source and do what they want with it.
That may be what you were talking about, but you replied to me and I was not having a conversation about Linux.
I know, I asked myself.
You replied to me, man. xD