Interesting to watch the rapid fragmentation of FOSS into “hard” anti-AI, AI-neutral-to-discouraged, AI-supplemented, and AI-driven camps, akin to the early GPL vs BSD wars. Suddenly I don’t see as many complaints about licensing, and some of the die-hard GPL stans are silently dropping that position as Linux adopts AI-supplemented development.

On one hand it’s unfortunate, because it hypothetically dilutes developer efforts, but on the other hand the most extreme groups already had incompatible personalities and weren’t working well together. This self-sorting may actually result in a better cadence and less energy wasted on arguing.

The downside is that a lot of loud and annoying people seem to be converging on BSD land. I am AI-nonaligned (I just care about Quality) but I’m very much in favor of OpenBSD’s heads-down focused dev culture. I hope that doesn’t change.

The reason for NetBSD rejecting any use of AI is the concern that a future legal case will rule that the output of LLMs trained on GPL code is itself subject to the GPL due to the viral clause in the licence.

God that would be amazing. How incredible would it be if basically all software was free?

The chances american courts would find for this is basically zero. Maybe in other markets....

... or commercial software vendors would roll back a couple of years in their VCS and start again from that point.

Sure, but they would still be required to open the source code of the last version they distributed before that roll back, which could then be forked.

I assume the reason was more generally non-permissive licensing and legal issues? Specifically seeing only copyleft as the problem sounds unreasonably sociopathic, so I assume you picked that out as just one prominent example. (That, or I should take care to steer clear of NetBSD.)

I think it's a good thing. In a couple of years we'll have a clear way to measure the true productivity and impact (or lack thereof) of AI on software dev. It's the perfect "natural experiment".

We have ways to measure productivity now. AI doesn't change what to measure unless you just want to flex. Every time I see "100k lines of code, all AI," I think they probably could have done the same thing with a fraction of that. Anytime productivity is measured that way, you will always fail. As a CTO, my mantra was "I pay for outcomes, not hours." AI coding tools are just that, tools. My outlook on that hasn't changed. I enjoy working with LLM's especially locally, to handle quite a bit of the heavy lifting. I'm not paying for tokens, I'm paying for outcomes.

projected ideology doesn't really match reality, so not really.

detecting AI written code without a minder chained to your arm watching your every movement is still a topic of research...

...and as someone who has been to the last 10 miscellaneous FSF/GNU celebrations I can tell you that community has just as many license cheaters and scoundrels as the rest of the computing world, they just tend to bias towards the good stuff, similarly to how every microsoft employee isn't required to drink the blood of infants (it just looks good on quarterlies.)

It doesn't need to be 0% ai vs 100% ai for the comparison to work.

No. If an open source project allows small amounts of LLM slop to please their foundation donors, is all productivity in that project due to LLMs? Of course not.

If 10 of 20 developers work for corporations and have to pretend that their code is AI written to please the corporations, is that AI productivity?

The advertising and social pressure machinery is so AI heavy right now because most techies are cowards and only speak up on issues (including DEI as we see since Trump) if HR tells them to.

Then of course many projects like Linux or git are entrenched. You can't copy Unix and bitkeeper like Linus did and be immediately successful, because the whole culture is against you (unlike in the 1990s, when the culture was anti-Microsoft).

So yeah, if Gen-Alpha declares OpenAI and Anthropic the new Microsoft and builds up a new counter-culture, then in 10 years you might have some clue.

Otherwise, we have to stick to the current situation and observe that no software has gotten better since AI.

So if software is developed with AI and that's better then we should discount AI's contribution, but if software is developed without AI is better then obviously it's because AI had no productivity boost?

Ask fricking LLM to explain the comment to you if you are too dumb.

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Projects that decided to welcome AI of course don't care of its possible licensing problems.

Linux, for one, for what I can tell never cared too much about the GPL.

It’s possible that they have different interpretations of how generated code affects licensing, but I think in general everyone is now abandoning old positions on licensing. It’s an exciting time for those of us who dislike copyright, something is bound to shift soon.

Whatever its stance towards the GPL, Linux has become the default home of GPL land with the exception of the few dedicated souls still working on Hurd. (I hope they keep making steady progress.)

Linux (Linus T himself iirc) is very GPLv2.

They are not onboard with the innovation that was GPLv3. That innovation was mostly about software patents iirc. But the result was also that big corps liked GPLv3 even less than GPLv2.

On top of that it was going to be very hard (near impossible) to get all devs to agree to a v2->v3 license bump.

> On top of that it was going to be very hard (near impossible) to get all devs to agree to a v2->v3 license bump.

My understanding was this was never a problem, almost all of the kernel was licensed as "GPL2 or newer" until GPL3 was released and they removed the "or newer" from new releases

I think what you're finding is that people who don't care about low quality of LLM outputs also don't care about licensing. If you're in the faction that supports all of this, you don't see a lot of people around you still caring about licensing or quality.

I am in neither faction, as I already indicated. I’m not an LLM user except for search engine summaries.

I also already mentioned that some formerly GPL die-hards have been jumping ship from Linux to BSDs simply because of the respective stances on AI. That’s enough for me to say this works both ways.

The prospect of being sued because the LLM outputted training code you're not allowed to use, or to relicense, is exciting?

Or to be forced to change license to large portions of your project?

With Linux I meant the Linux kernel

Copyright is based on laws, and laws can be changed or clarified. Given the amount of overinvestment in AI, I expect them to change. The EU is already making moves in this direction: https://noyb.eu/en/ai-eu-member-states-approve-digital-expro...

I expect the overall copyright regime to be weakened over time due to the effects of AI. It’s clear that the intent is to replace copyright gatekeeping with model/compute gatekeeping. This is a battle between two groups I greatly dislike, and I don’t really side with either, but there may be a small benefit for the average person who just wants to “download a car”.

It could be, but:

- For now the laws are in force, and I don't even know of discussions to change them (that EU proposal only wants to allow training on personal data)

- changing intellectual property rights law would typically require changing international treaties

- however much companies are in love with AI now, I'm not sure they'd support abolishing legal protections on which their business relies

You're being pretty, I'm not sure the right word, scaredycat?, about licensing. Licensing doesn't matter unless somebody sues you, which they won't in most cases. The AI era has exposed this truth that you're extremely unlikely to get sued about copyright violation - so unless you're the kind of person who avoids car trips because you could crash, you can ignore it.

Uhm, you're being pretty, careless?

I'm not sure that that's how legal departments think.

> The prospect of being sued because the LLM outputted training code you're not allowed to use, or to relicense, is exciting?

The problem with this is that if someone sues you for this they have to somehow prove that you actually infringed. They can't just point to the code and say "See, mah, infringement!" The legal system does recognize that it is very possible for two people, completely independently, to arrive at a nearly identical solution.

Of course we're talking of code for which that's implausible.

I think in most cases twenty lines of identical code are more than enough for that to be the case (at least if it contains a few non-single-letter identifiers).

I mean, if it uses the exact same identifiers and maybe even comments, then sure, that's pretty good evidence. However, 99.99999999999 percent of the time this will not be the case. As in, the super-super-super-majority of LLM-generated code is customized for the specific use case it's being employed in. As such, claiming any kind of infringement, let alone proving it, will be insanely difficult.

We're talking of the case when it happens (and it's detected).

I don't know if that's in the 0.000000000001 percent of the time, but it can happen.

How many cases of an LLM outputting training code have you heard of? let alone training code that you are not allowed to use or relicense?

Why are proprietary software developers entirely unbothered by this?

They did in 2023 and the AI thieves built logic to rephrase the plagiarism so it isn't immediately detectable.

Proprietary developers don't care because their code wasn't trained on. Is that a trick question?

They do care now that reverse engineering is possible.

Can you explain further? What was the code affected?

> Why are proprietary software developers entirely unbothered by this?

Because the chance of someone auditing the actual source code is near zero, but for open source software it's near 100% that someone or, worse something aka an AI bot looking for a revenue stream, will have a look at your code. And EVEN IF you get caught stealing by whatever random incident (say, your code repository being 0wned) - it's a matter of a settlement payment. If you are not a company, but an individual person... well, just look at what happened to Aaron Swartz RIP.

And for the WINE/ReactOS/console homebrew folks, it's vital to be able to claim no code contributor ever got exposed, even indirectly, to proprietary code.

On the other hand it could be very expensive if caught. It could be very difficult to remove the code too.

Your point about being caught is valid, but it depends on AIs producing identifiable chunks of code, and that is incompatible with your license. AI training is going to lean towards open source, because its available to train on.

I also think the widespread use of AI will mean accidental copying will become more acceptable. Even as it is, its going to be regarded as an accident.

I heard many cases of LLMs outputting their training data verbatim; they sure don't check that such data can be legally used by you before doing it.

As others said, for closed source software it's a lot harder to detect plagiarism.

And it's in general very hard to detect plagiarized code; there's some product that does it, but it of course has only a partial inventory of the existing open-source code.

I think that some big company does use those products, though.

Interestingly, Linux is GPLv2 and NetBSD is permissive, so I assume AlpineBSD is permissive as well?

> Linux, for one, for what I can tell never cared too much about the GPL.

The reason that Linux actually succeeded where BSD didn't is because of the GPL. MIT licensed stuff(if it's any good) just ends up being incorporated into someone else's commercial product, with no contributions.

> no contributions

That's just obviously not true. Check out the commit history on FreeBSD and look at all the contributions from Netflix. Off the top of my head they contributed kTLS and asynchronous sendfile which made it such that a single syscall could send the full contents of a file over a socket even with TLS.

Grepping through the git logs for the "Sponsored by" lines shows these top results:

  15925 The FreeBSD Foundation
   3738 Netflix
   2084 EMC / Isilon Storage Division
   1922 Rubicon Communications, LLC ("Netgate")
   1733 Dell EMC Isilon
   1550 Chelsio Communications
   1446 DARPA, AFRL
   1421 Mellanox Technologies
   1262 Klara, Inc.
    784 Arm Ltd
    729 iXsystems, Inc.
    707 Solarflare Communications, Inc.
    552 Netflix, Inc.
    477 Beckhoff Automation GmbH & Co. KG
    473 Microsoft
    421 Juniper Networks, Inc.
    411 DARPA, NAI Labs
    386 Stormshield
    385 Microsoft OSTC
    384 DARPA
    375 NetApp, Inc.
    358 Innovate UK
    355 DARPA, Network Associates Laboratories
    317 Yandex LLC
    299 NVIDIA Networking
One company that isn't in that list but shows up as an author is Datto which gave us native encryption on ZFS (shout out to Tom for writing that!)

So interesting to see Darpa represented in different labs. I wouldn't have bother to look for that interesting tidbit otherwise, so thanks for that.

The existence of some contributions to MIT code does not disprove the assertion.

If you're fit to even be in this conversation then you have enough logic to know this, which makes the comment not merely in error but knowingly disingenuous.

What are the equivalent numbers for everything that was ever licenced GPL vs MIT? Neither of us knows but I defy you to even slightly attempt to hint that the world did not benefit from gpl code about a million times more than mit code as a direct result of their fundamental natures.

The assertion I was addressing is that copyfree code "just ends up being incorporated into someone else's commercial product, with no contributions".

My post proved that copyfree code bases actually do receive contributions back from the commercial users of their code. Certainly not 100% of users, but the same is true for the GPL. Every company I've worked for after college has used Linux extensively and none of them have contributed back to Linux in either patches or dollars.

Why do you both keep incorrectly referring to the license as "MIT"? The BSDs are under the various BSD licenses, not the MIT license. If you're trying to refer to the whole category then I would suggest using the words "copyleft" for GPL-style licenses and "copyfree" for BSD-style licenses.

> If you're fit to even be in this conversation then you have enough logic to know this, which makes the comment not merely in error but knowingly disingenuous.

I would like to direct you to the HN guidelines since this is a clear violation of them: https://news.ycombinator.com/newsguidelines.html

It did not prove any such thing except in the meaningless pedantic technicality way. No reasonably rational person read that comment and thought they meant literally 100% not a single example. The existence of exceptions does not disprove anything. Everything has exceptions.

Numbers prove or disprove it. Which neither of us has. The fact that everything you showed even fits in a little comment like that compared to the scope of all software actually proves what a joke it was to even try to present this as any sort of argument.

"why do you keep saying MIT?" Oh FFS really? MIT, or BSD, is perfectly understandable shorthand for any of the mit/bsd/x11/etc in a general discussion like this. They are all of a class. How do you know? Because no one has attempted to discuss any fine points here that would make any of those any different from any of the others. You have to go out of your way to say they are different, and then cannot say in what way that matters or changes anything. So why do you yet again pretend an insignificant detail in any way affects the thrust of the argument?

Go ahead and substitute "MIT" with "BSD" or any of the specific "various BSD licences". Ok now that you did that, what changed? The argument was valid or invalid before, and the opposite now?

So far I'm the only one here who has provided any numbers. All you and soperj have provided are unsubstantiated claims. Why don't you do some analysis on the "scope of all software" and get back to me? Given the scale, I imagine it will take you at least a couple of years.

Linux success has nothing to do with GPL and everything to do with a lawsuit and timing. Linus himself said if it wasn't for the lawsuit Linux probably would not exist.

> Linux success has nothing to do with GPL

Linus doesn't agree. He once said in an interview that making Linux GPL'd was definitely the best thing I ever did, [0] and has said that I love GPLv2. I really think the license has been one of the defining factors in the success of Linux because it enforced that you have to give back. [1]

[0] https://web.archive.org/web/20070826212454/http:/www.tlug.jp...

[1] https://www.zdnet.com/article/linus-torvaldss-love-hate-rela...

> The reason that Linux actually succeeded where BSD didn't is because of the GPL.

Linux succeeded where BSD was tied-up in a lawsuit[0] from AT&T and the fear of “picking the wrong horse” w BSD under threat allowed Linux to slide into public consciousness and installs.

[0] https://en.wikipedia.org/wiki/UNIX_System_Laboratories,_Inc.....

BSD was tied up in lawsuits for years, giving Linux a head start.

Also why did you mention MIT licensed, it is obviously BSD licensed.

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Literally nothing is less interesting than yet another "discussion" about the relative merits of software licenses, or generalizations about the kinds of people that prefer license A to license B.

I have flagged this comment.

I'll flag yours, because it was a completely senseless flagging.

It wasn't even a discussion about that, I wonder if you read the two lines of the comment.

> akin to the early GPL vs BSD wars

It's more akin to copy-pasting from stack-overflow versus people writing code, or code written by engineers vs code written by outsourced "code monkey" farms/contractors/consultants?

It's not about freedom, which is what GPL vs BSD is fundamentally about.

Most of what you use is built by "code monkeys" and is on the way to being vibe coded.

Yeah. We noticed. We've been complaining about the quality for a while.

I wasn’t referring to the specifics of the disagreement, I meant the level of vitriol.

Except in this case the monkeys are pretty good at coding as long as you have enough bananas (tokens). They can follow directions pretty accurately and work independently for at least short periods and incrementally test the work even if you’re not present onsite monkey-handling all the time. I don’t understand this hard anti-ai stance from open-source groups except as a submission volume issue. If and when nearly the entire professional industry changes to LLM-based code in most cases, what are they going to do to find those relatively few people who are still willing to write everything manually and spend their spare time maintaining these projects?

>I don’t understand this hard anti-ai stance from open-source groups except as a submission volume issue.

plagiarism machine can not be trusted.

therefore plagiarism machine must not be allowed to make decisions.

Especially when it's the corporate plagiarism machine owned by the amoral billionaire class that is profiting wildly off the well-paid legislature's shocking sudden disinterest in protecting the rights and privacy of the people after the capture of the first, second, and third branches alongside the fourth estate.

People are tired of exploding costs, loss of privacy, intrusive technology, pervasive advertising, malignant anti-intellectualism, endless rent-seeking products, and fascist leadership. Adding economic crisis from job loss is a fast track to violence.

I use AI and see it's value and even I'm furious about how it's going.

Perhaps one day we’ll finally understand the value of simpler software that moves ever-closer to “complete” (simple maintenance only), rather than constantly reinventing Zawinsky’s Law.

It’s ok for software to be replaced when something better comes along for a new generation, but what I wouldn’t give for more well-maintained tools that are feature complete.

What is the modern version of Zawinsky’s Law, anyway? Every program expands until it contains a web browser (Electron), notifications, and a chatbot?