Are ChatGPT and Other Similar Systems the Modern Lernaean Hydras of AI?
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The rise of Generative Artificial Intelligence systems (“AI systems”) has created unprecedented social engagement. AI code generation systems provide responses (output) to questions or requests by accessing the vast library of open-source code created by developers over decades. However, they do so by allegedly stealing the open-source code stored in virtual libraries, known as repositories. How all this happens and whether there is a solution short of years of litigation that can protect innovation is the focus of this article. We also peripherally touch upon the array of issues raised by the relationship between AI and copyright. Looking ahead, we propose the following: (a) immediate changes to the licenses for open-source code created by developers that will allow access and/or use of any open-source code to humans only; (b) we suggest revisions to the Massachusetts Institute of Technology (“MIT”) license so that AI systems procure appropriate licenses from open-source code developers, which we believe will harmonize standards and build social consensus for the benefit of all of humanity rather than profit-driven centers of innovation; (c) We call for urgent legislative action to protect the future of AI systems while also promoting innovation; and (d) we propose that there is a shift in the burden of proof to AI systems in obfuscation cases.
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