Adam Wathan the creator of Tailwind CSS posted that he had to let go of 75% of his engineering team because of AI. He said traffic to the Tailwind help documentation is down 40% and that is where most people learn about his solution and then buy commercial products. He added his revenue is down 80%.
“Wait, not like that”: Free and open access in the age of generative AI
I hate this take. “Open source” is not “public domain” or “free reign to do whatever the hell you want with no acknowlwdgement to the original creator.” Even the most permissive MIT license has terms that every single AI company shamelessly violate. All code derived from open source code need to at the very least reference the original author, so unless the AI can reliably and accurately cite where the code it generates came from, all AI generated code that gets incorporated into any publicly distributed software violates the license of every single open source project it has ever scraped.
That’s saying nothing about projects with copyleft licenses that place conditions on how the code can then be distributed. Can AI reliably avoid using information from those codebases when generating proprietary code? No? And that’s not a problem because?
I absolutely hate the hypocrisy that permeates the discourse around AI and copyright. Knocking off Studio Ghibli’s art style is apparently the worst atrocity you can commit but god forbid open source developers, most of whom are working for free, have similar complaints about how their work is used.
This is where many creators find themselves today, particularly in response to AI training. But the solutions they’re reaching for — more restrictive licenses, paywalls, or not publishing at all — risk destroying the very commons they originally set out to build.
Yeah blame the people getting exploited and not the people doing the exploiting why don’t you.
I don’t think there’s any disagreement (among you, me, and Molly White) about who the bad guys are.
The question is: What is an effective legal framework that focuses on the precise harms, doesn’t allow AI vendors to easily evade accountability, and doesn’t inflict widespread collateral damage?
The question is: What is an effective legal framework that focuses on the precise harms, doesn’t allow AI vendors to easily evade accountability, and doesn’t inflict widespread collateral damage?
This is entirely my opinion and I’m likely wrong about many things, but at minimum:
The model has to be open source and freely downloadable, runnable, and copyleft, satisfying the distribution license requirements of copyleft source material (I’m willing to give a free pass to making it copyleft in general, as different copyleft licenses can have different and contradictory distribution license requirements, but IMO the leap from permissive to copyleft is the more important part). I suspect this alone will kill the AI bubble, because as soon as they can’t exclusively profit off it they won’t see AI as “the future” anymore.
All training data needs to be freely downloadable and independently hosted by the AI creator. Goes without saying that only material you can legally copy and host on your own server can be used as training data. This solves the IP theft issue, as IMO if your work is licensed such that it can be redistributed in its entirety, it should logically also be okay to use it as training data. And if you can’t even legally host it on your own server, using it to train AI is off the table. And the independently hosted dataset (complete with metadata about where it came from) also serves as attribution, as you can then search the training data for creators.
Pay server owners for use of their resources. If you’re scraping for AI you at the very least need to have a way for server owners to send you bills. And no content can be scraped from the original source more than once, see point 2.
Either have a mechanism of tracking acknowledgement and accurately generating references along with the code, or if that’s too challenging, I’m personally also okay with a blanket policy where anything AI generated is public domain. The idea that you can use AI generated code derived from open source in your proprietary app, and can then sue anyone who has the audacity to copy your AI generated code, is ridiculous and unacceptable.
I hate this take. “Open source” is not “public domain” or “free reign to do whatever the hell you want with no acknowlwdgement to the original creator.” Even the most permissive MIT license has terms that every single AI company shamelessly violate. All code derived from open source code need to at the very least reference the original author, so unless the AI can reliably and accurately cite where the code it generates came from, all AI generated code that gets incorporated into any publicly distributed software violates the license of every single open source project it has ever scraped.
That’s saying nothing about projects with copyleft licenses that place conditions on how the code can then be distributed. Can AI reliably avoid using information from those codebases when generating proprietary code? No? And that’s not a problem because?
I absolutely hate the hypocrisy that permeates the discourse around AI and copyright. Knocking off Studio Ghibli’s art style is apparently the worst atrocity you can commit but god forbid open source developers, most of whom are working for free, have similar complaints about how their work is used.
Yeah blame the people getting exploited and not the people doing the exploiting why don’t you.
I don’t think there’s any disagreement (among you, me, and Molly White) about who the bad guys are.
The question is: What is an effective legal framework that focuses on the precise harms, doesn’t allow AI vendors to easily evade accountability, and doesn’t inflict widespread collateral damage?
Cory Doctorow has a pretty good stab at that: https://pluralistic.net/2023/09/17/how-to-think-about-scraping/
This is entirely my opinion and I’m likely wrong about many things, but at minimum:
The model has to be open source and freely downloadable, runnable, and copyleft, satisfying the distribution license requirements of copyleft source material (I’m willing to give a free pass to making it copyleft in general, as different copyleft licenses can have different and contradictory distribution license requirements, but IMO the leap from permissive to copyleft is the more important part). I suspect this alone will kill the AI bubble, because as soon as they can’t exclusively profit off it they won’t see AI as “the future” anymore.
All training data needs to be freely downloadable and independently hosted by the AI creator. Goes without saying that only material you can legally copy and host on your own server can be used as training data. This solves the IP theft issue, as IMO if your work is licensed such that it can be redistributed in its entirety, it should logically also be okay to use it as training data. And if you can’t even legally host it on your own server, using it to train AI is off the table. And the independently hosted dataset (complete with metadata about where it came from) also serves as attribution, as you can then search the training data for creators.
Pay server owners for use of their resources. If you’re scraping for AI you at the very least need to have a way for server owners to send you bills. And no content can be scraped from the original source more than once, see point 2.
Either have a mechanism of tracking acknowledgement and accurately generating references along with the code, or if that’s too challenging, I’m personally also okay with a blanket policy where anything AI generated is public domain. The idea that you can use AI generated code derived from open source in your proprietary app, and can then sue anyone who has the audacity to copy your AI generated code, is ridiculous and unacceptable.