How can I add a simple requirement “do not train Al on the source code of the program” to AGPLv3 or GPLv3 and thereby create a new license?
Don’t know is it a good place for such a question but I try :).
Why did I come up with such an stupid idea? There have been reported cases where artificial intelligence such as Github Copilot has been trained on many open source and free software projects, and in some cases it can output code snippets from GPL-licensed projects without specifying it. https://www.pixelstech.net/article/1682104779-GitHub-Copilot-may-generate-code-containing-GPL-code
I am not a lawyer, and I do not know where it is better to insert such a requirement. And how to formulate it in the best and correct form.
I understand it maybe complicated to check, to comply with this requirement and it may cause other difficulties, but I still think it can be a useful addition.
How to fit it with the fundamental freedoms of the GPL or it is unfitable?
I understand that this would make the license non-free, since it puts constraints on what the code can be used for. It’s sad that it doesn’t combine in some way. Maybe change requirements to do not train “closed source AI”(without code and training data of AI model publicly available).
And how can I name it? Is it better to name it without “GPL” If this new license cannot be considered free? NoAIFL or your variants :)?
Is it good to just add a new item?
For example like this:
Additional Clause:
You may not use the source code of this program, or any part thereof, to train any artificial intelligence model, machine learning model, or similar system without explicit written permission from the copyright holder.
or
Section [X]:
Restrictions on AI Training You may not use the source code of this program, or any part thereof, to train any artificial intelligence model, machine learning model, or similar system without explicit written permission from the copyright holder.
What you think about it? Maybe you already know licenses like this?
I doubt GitHub will make an effort to avoid violating less common licenses anytime soon. Once you have found a license that works for you, the best thing you can do is find alternative hosting for your code.
But what will stop them from train copilot on code from other publicly available hostings. Are there any restrictions why they won’t be able to do it using something like the principles of fair use as an excuse in this case?
What will stop them is complexity and effort. Legal risk has proven to not be enough yet.
The legal system takes years to come to conclusions
It doesn’t matter what sort of license you use or where you publicly host it…it will almost certainly get scraped