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by nilsbunger 104 days ago
Does using the old version’s tests to create a new version make it a derivative work? That’s certainly some pretty tight coupling.
1 comments

My gut feeling is no, a work is not a derivative of a compliance test suite that it passes and was used to guide it. But I'm not a lawyer.
We’re going to be in a very weird place:

* LLMs make it trivial to recreate almost any software using its test suite (maybe not a derivative work)

* LLM generated code has no copyright (according to current court interpretations)

Soon we will be able to make an unlicensed copy of anything if we have its test suite and a little money for tokens.

> We’re going to be in a very weird place

It's only weird because copyright is an unnatural abstraction that requires increasing amounts of legal upkeep to maintain.

And by the standard of promoting the progress of science and the useful arts, it is rapidly becoming obsolete.

* LLM generated code from a test suite is crap