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It's also disingenuous to call it open source as that might tempt others to use it believing that it actually is open source.

Let's call it what it is - stolen IP and released without permission of the author. Sure, it's good that it opens the debate as to whether that's ethical given that's essentially what the model itself is doing, but it's very clear in this instance that he's just asked for and been given a copy of source that has a clear ownership. That's about as clear cut as obtaining e.g. commercial server-side code and distributing it in contravention of the licence.

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It's not completely clear that this is the original source. According to the post it's a reimplementation based on documentation created from the original source, or perhaps from developer documentation and the SDK. Whether that's the same thing from a legal standpoint, I don't really know - I think from a personal morality standpoint it's clear that they are the same thing.
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It feels more like clean room reverse engineering by llm, technically.
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Well first they need to proof that Viktor was actually copyrightable. If it was largely written by an llm, that might not be the case? AFAIK several rulings have stated that AI generated code can not be copyrighted.
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This is a common misreading of the law. AI cannot hold authorship of code, but no ruling has claimed so far that ai output itself can't be copyrighted (that I know of)
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This would suggest that there has been and that there seem little will to revisit it: https://www.theverge.com/policy/887678/supreme-court-ai-art-...

That said, the article says "Okay, prompts, great. Are they any interesting? Surprisingly... yes. As an example workflow_discovery contains a full 6-phase recipe for mining business processes out of Slack conversations, something that definitely required time and experiments to tune. It's hardcoded business logic, but in prompt instead of code."

So the article author clearly knows this prompt would be copyrighted as it wasn't output from an AI, and recognises that there would have been substantial work involved in creating it.

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