[HN Gopher] AI and the Ship of Theseus
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       AI and the Ship of Theseus
        
       Author : pixelmonkey
       Score  : 54 points
       Date   : 2026-03-05 15:49 UTC (7 hours ago)
        
 (HTM) web link (lucumr.pocoo.org)
 (TXT) w3m dump (lucumr.pocoo.org)
        
       | moralestapia wrote:
       | >I personally have a horse in the race here because I too wanted
       | chardet to be under a non-GPL license for many years.
       | 
       | Ugh, it's so disgusting to see people who are either malicious or
       | non mentally capable enough to understand what is the purpose of
       | software licenses.
       | 
       | "But I wish that car was free", sure pal, but it's not. Are you
       | like, 8 years old?
       | 
       | Licenses exists for a reason, which is to enforce them. When the
       | author of a project choose a specific license s/he is making a
       | deliberate decision. S/he wants these terms to be reigning over
       | his/her work, in perpetuity. People who pretend they didn't see
       | it or play dumb are in for some well-deserved figuring out.
        
         | jimmaswell wrote:
         | This entirely misses the point. Re-implementing code based on
         | API surface and compatibility is established fair use if done
         | properly (Compaq v. IBM, Google v. Oracle). There's nothing
         | wrong with doing that if you don't like a license. What's in
         | question is doing this with AI that may or may not have been
         | trained on the source. In the instance in the article where the
         | result is very different, it's probably in the clear
         | regardless. I'm sympathetic to the author as I generally don't
         | like GPL either outside specific cases where it works well like
         | the Linux kernel.
        
           | blell wrote:
           | This reminds me of people crying over toybox
           | https://en.wikipedia.org/wiki/Toybox#Controversy
        
           | trueismywork wrote:
           | The real test would be to see how much of generated code is
           | similar to the old code. Because then it is still a
           | copyright. Just becsuse you drew mickey mouse from memory
           | doesnt above you if it looks close enough to original hickey
           | mouse.
        
             | the_mitsuhiko wrote:
             | > The real test would be to see how much of generated code
             | is similar to the old code.
             | 
             | I have looked at the project earlier today there is
             | effectively no resemblance other than the public API.
        
         | coldtea wrote:
         | > _Licenses exists for a reason_
         | 
         | Yes, and the choice of license for a project is made for a
         | reason that not necessarily everybody agree with.
         | 
         | And the people who don't agree, have every right to implement a
         | similar, even file-format or API compatible, project and give
         | it another license. Gnumeric vs Excel, for example, or forks
         | like MariaDB and Valkey.
         | 
         | But whether they do that alternative licensed project or not,
         | it's perfectly rational, to not like the choice of license the
         | original is in. They legally have to respect it, but that
         | doesn't mean there's anything irational to disliking it or
         | wishing it was changed.
         | 
         | And it's not merely idle wishing: sometimes it can make the
         | original author/vendor to reconsider and switch license. QT is
         | a big example. Blender. Or even proprietary to open (Mozilla to
         | MPL).
         | 
         | "It's so disgusting to see people who are either malicious or
         | non mentally capable enough to understand this"
        
           | moralestapia wrote:
           | Hmm ... you don't have to ask for consent. You just slap the
           | license you want to your code and that's it.
           | 
           | It's not some sort of democracy, lol, it's a set of exclusive
           | rights that are created the moment the work being copyrighted
           | is produced.
           | 
           | (For a quick intro I recommend:
           | https://www.youtube.com/watch?v=bxVs7FCgOig)
           | 
           | In the case of the license in question (L/GPL), it's one of
           | the most strict ones out there, it explicitly forbids
           | relicensing code under a different non-compatible license,
           | like MIT; let me says that again, L/GPL EXPLICITLY FORBIDS
           | the thing that happened here from happening.
           | 
           | I sympathize with the guy that spent 12 years of his life
           | maintaining the code, thank you for your service or
           | something, but that does not make a difference. The wording
           | of the (L/GPL) license is clear and the original author and
           | most of the other 50 or so contributors did not approve of
           | this.
        
             | coldtea wrote:
             | > _Hmm ... you don 't have to ask for consent_
             | 
             | Nobody said you have.
             | 
             | > _You just slap the license you want to your code and that
             | 's it._
             | 
             | Nobody said you can't.
             | 
             | > _It 's not some sort of democracy, lol_
             | 
             | Nobody said it is, lol.
             | 
             | I'm answering to what you actually wrote, that those
             | expressing their dislike of a project having a speicific
             | license are "either malicious or non mentally capable
             | enough" what licenses are for.
             | 
             | That's a stupid argument putting other people down with a
             | silly strawman.
             | 
             | One can be perfecty capable to understand what licenses are
             | for and still think a project made a mistake chosing a
             | specific language, or want it to change to another (and
             | sometimes, like in the examples I gave, the latter works
             | too).
        
         | the_mitsuhiko wrote:
         | > "But I wish that car was free", sure pal, but it's not. Are
         | you like, 8 years old?
         | 
         | Just because things are not as one wants, does not stop that
         | desire to be there.
         | 
         | > When the author of a project choose a specific license s/he
         | is making a deliberate decision.
         | 
         | Potentially, potentially not. I used to release software under
         | GPL and LGPL but changed my mind a few years after that. I did
         | so in part because of conversations I had with others that
         | convinced me that my values are closer aligned with permissive
         | licenses.
         | 
         | So engaging in a friendly discourse with a maintainer to ask
         | them to relicense is a perfectly fine thing to do and an issue
         | has been with chardet for many, many years on the license.
        
       | scuff3d wrote:
       | The solution to this whole situation seems pretty simple to me.
       | LLMs were trained on a giant mix of code, and it's impossible to
       | disentangle it, but a not insignificant portion of their
       | capabilities comes from GPL licenced code. Therefore, any
       | codebase that uses LLM code is now GPL. You have a proprietary
       | product? Not anymore.
       | 
       | Not saying there's a legal precedent for that right now, but it's
       | the only thing that makes any sense to me. Either that or retain
       | the models on only MIT/similarly licenced code or code you have
       | explicit permission to train on.
        
         | keithnz wrote:
         | if you train yourself by looking at GPL code then go implement
         | your own things, is that code GPL?
        
           | AberrantJ wrote:
           | Of course not, because everyone making these arguments wants
           | people to have some magic sauce so they get to ignore all the
           | rules placed on the "artificial" thing.
        
             | bakugo wrote:
             | If you genuinely believe that you are not above a literal
             | text completion algorithm and do not deserve any more
             | rights than it, that says more about you than anything
             | else.
        
           | estimator7292 wrote:
           | If you copy and paste one line from a thousand different GPL
           | projects, is the resulting program GPL?
           | 
           | Let's be honest about what's happening here.
        
           | dec0dedab0de wrote:
           | it can be, depending on if it is different enough to convince
           | a jury that it is not a copyright violation. See the lawsuits
           | from Marvin Gaye's family to see how that can be
           | unpredictable.
        
         | nkmnz wrote:
         | What about the code that wasn't even GPL, but "all rights
         | reserved", i.e., without any license? That's even stronger than
         | GPL and based on your reasoning, this would mean that any code
         | created by an LLM is not licensed to be used for anything.
        
           | moralestapia wrote:
           | Yes.
        
         | moralestapia wrote:
         | 100% agree, if we are fair and honorable.
         | 
         | In practice, well ... you saw what's been going on with the
         | Epstein files, etc... we are _far_ from being ourselves in a
         | world that 's fair and honorable.
         | 
         | (I'm not condoning it, I think it's massively trashy to steal
         | code like this then pretend you're the good guy because of some
         | super weird mental gymnastics you're doing)
        
       | nomdep wrote:
       | In this emerging reality, the whole spectrum of open-source
       | licenses effectively collapses toward just two practical choices:
       | release under something permissive like MIT (no real
       | restrictions), or keep your software fully proprietary and
       | closed.
       | 
       | These are fascinating, if somewhat scary, times.
        
         | measurablefunc wrote:
         | If you listen to the people who believe real AI is right around
         | the corner then any software can be recreated from a detailed
         | enough specification b/c whatever special sauce is hidden in
         | the black box can be inferred from its outward behavior. Real
         | AI is more brilliant than whatever algorithm you could ever
         | think of so if the real AI can interact w/ your software then
         | it can recreate a much better version of it w/o looking at the
         | source code b/c it has access to whatever knowledge you had
         | while writing the code & then some.
         | 
         | I don't think real AI is around the corner but plenty of people
         | believe it is & they also think they only need a few more data
         | centers to make the fiction into a reality.
        
           | HappyPanacea wrote:
           | > b/c whatever special sauce is hidden in the black box can
           | be inferred from its outward behavior.
           | 
           | This is not always true, for an extreme example see
           | Indistinguishability obfuscation.
        
           | GaggiX wrote:
           | >Real AI is more brilliant than whatever algorithm you could
           | ever think of
           | 
           | So with "Real AI" you actually mean artificial
           | superintelligence.
        
             | measurablefunc wrote:
             | I wrote what I meant & meant what I wrote. You can take up
             | your argument w/ the people who think they're working on AI
             | by adding more data centers & more matrix multiplications
             | to function graphs if you want to argue about marketing
             | terms.
        
               | GaggiX wrote:
               | I was just thinking that calling artificial
               | superintelligence "Real AI" was funny.
        
               | measurablefunc wrote:
               | Corporate marketing is very effective. I don't have as
               | many dollars to spend on convincing people that AI is
               | when they give me as much data as possible & the more
               | data they give me the more "super" it gets.
        
           | pixl97 wrote:
           | Real AI will never be invented, because as AI systems become
           | more capable we'll figure out humans weren't intelligent in
           | the first place, therefore intelligence never existed.
        
             | measurablefunc wrote:
             | Don't worry, just 10 more data centers & a few more
             | gigawatts will get you there even if the people building
             | the data centers & powerplants are unintelligent & mindless
             | drones. But in any event, I have no interest in religious
             | arguments & beliefs so your time will be better spent
             | convincing people who are looking for another religion to
             | fill whatever void was left by secular education since such
             | people are much more amenable to religious indoctrination &
             | will very likely find many of your arguments much more
             | persuasive & convincing.
        
         | vintagedave wrote:
         | Or GPL. Which I'm increasingly thinking is the _only_ license.
         | It requires sharing.
         | 
         | And if anything can be reimplemented and there's no value in
         | the source any more, just the spec or tests, there's no public-
         | interest reason for _any_ restriction other than completely
         | free, in the GPL sense.
        
           | Hamuko wrote:
           | > _Or GPL. Which I'm increasingly thinking is the only
           | license. It requires sharing._
           | 
           | It doesn't if Dan Blanchard spends some tokens on it and then
           | licenses the output as MIT.
        
             | jmalicki wrote:
             | Who are you talking about? I can't find reference to this
             | person.
        
               | kccqzy wrote:
               | He is the maintainer of chardet. The main topic of the
               | article is the whole LGPL to MIT rewrite and relicense
               | done by this person.
               | 
               | https://github.com/chardet/chardet/releases/tag/7.0.0
        
               | badc0ffee wrote:
               | There were two other posts about this today on the HN
               | front page:
               | 
               | https://news.ycombinator.com/item?id=47257803
               | 
               | https://news.ycombinator.com/item?id=47259177
        
         | embedding-shape wrote:
         | > or keep your software fully proprietary and closed.
         | 
         | I guess it depends on your intention, but eventually I'm not
         | sure it'll even be possible to keep it "fully proprietary and
         | closed" in the hopes of no one being able to replicate it,
         | which seems to be the main motivation for many to go that road.
         | 
         | If you're shipping something, making something available,
         | others will be able to use it (duh) and therefore replicate it.
         | The barrier for being able to replicate things like this either
         | together with LLMs or letting the LLM straight it up do it
         | themselves with the right harness, seems to get lowered real
         | quick, massive difference in just a few years already.
        
         | f33d5173 wrote:
         | I don't think it changes much about licensing in particular.
         | People are going on about how since the AI was trained on this
         | code, that makes it a derivative work. But it must be borne in
         | mind that AI training doesn't usually lead to memorizing the
         | training data, but rather learning the general patterns of it.
         | In the case of source code, it learns how to write systems and
         | algorithms in general, not a particular function. If you then
         | describe an interface to it, it is applying general principles
         | to implement that interface. Its ability to succeed in this
         | depends primarily on the complexity of the task. If you give it
         | the interfaces of a closed source and open sourced project of
         | similar complexity, it will have a relatively equal time of
         | implementing them.
         | 
         | Even prior to this, relatively simple projects licensed under
         | share alike licenses were in danger of being cloned under
         | either proprietary or more permissive licenses. This project in
         | particular was spared, basically because the LGPL is permissive
         | enough that it was always easier to just comply with the
         | license terms. A full on GPLed project like GCC isn't in danger
         | of an AI being able to clone it anytime soon. Nevermind that it
         | was already cloned under a more permissive license by human
         | coders.
        
       | thangalin wrote:
       | Translate an alternative?
       | 
       | https://github.com/albfernandez/juniversalchardet
        
       | coldtea wrote:
       | > _Something related, but different, happened with chardet. The
       | current maintainer reimplemented it from scratch by only pointing
       | it to the API and the test suite._
       | 
       | Only "pointing it". But the LLM, who can recite over 90% of a
       | book in its training set verbatim *, would have also have had
       | trained on the original code.
       | 
       | Maybe "the slop of Theseus" is a better title.
       | 
       | * https://the-decoder.com/researchers-extract-up-to-96-of-harr...
        
         | the_mitsuhiko wrote:
         | Maybe, but the LLM did not recite the chardet source code so
         | that argument does not appear to apply here.
        
           | irishcoffee wrote:
           | This whole "today" fascination with chardet is a classic
           | example of manipulation. I suggest you disregard this term
           | instead of defending it.
        
           | 4star3star wrote:
           | I agree. If we look to music, how can a musician unhear what
           | they've heard? We celebrate musicians when they cite their
           | influences. In the case of a software library, it is a tool,
           | not a work of art. Its beauty is in accomplishing a specific,
           | useful task. If we can accept musicians drawing inspiration
           | from all the music they've ever listened to, we should be
           | able to do the same for software, especially when its
           | internal code is unrecognizable from a similar tool.
        
         | logicprog wrote:
         | Also from that exact same study (why not cite the actual study?
         | It's quite readable) the LLMs couldn't recite more than a small
         | fraction of many other books, often ones just as well known[0]
         | -- in fact, from the bar charts shown in the exact news article
         | you cited, it's pretty clear that Sonnet 3.7 was a massive
         | outlier, and so was Harry Potter and the Sorcerer's Stone, so
         | it really seems to me like that's an extremely unrepresentative
         | example, and if all the other LLMs couldn't recite even a small
         | fraction of all the other books except that one outlier
         | pairing, despite them being widely reproduced classics, why
         | would we expect LLMs to actually regurgitate regularly,
         | especially a relatively unknown open source project that
         | probably hasn't been separately reproduced that many times?
         | 
         | Not to mention the fact that, as the other commenters mention,
         | that appears to just... not have happened at all in this case,
         | so it's a moot point.
         | 
         | [0]: https://arxiv.org/pdf/2601.02671
        
       | erelong wrote:
       | hopefully this continues to show how awkward the idea of
       | "intellectual property" (IP) is until people abandon it
       | 
       | IP sounds good in theory but enables things like "patent
       | trolling" by large corps and creating all kinds of goofy barriers
       | and arbitrary questions like we're asking about if re-
       | implementations of ideas are "really ours"
       | 
       | (maybe they were never anyone's in the first place, outside of
       | legally created mentalities)
       | 
       | ideas seem to fundamentally not operate like physical things so
       | asserting they can be considered "property" opens the door for
       | all kinds of absurdities like as pondered in the OP
        
         | AuthAuth wrote:
         | I have no data to back this up but patent trolling seems to
         | happen far less than companies that already own significant
         | infra/talent ripping products from smaller companies and out
         | competing them with their scale. I'd rather have patent
         | trolling than have Amazon manufacturer everything i launch.
         | 
         | The problem with IP laws and the US is that the big companies
         | already do what IP is suppose to protect and the US refuses to
         | legislate effectively against them.
        
         | moralestapia wrote:
         | Is there anything you have created, spending considerable
         | resources and time, that you ended up giving up for free? For
         | the betterment of humanity?
         | 
         | If so, let's see it!
        
       | cheesecompiler wrote:
       | > I personally think all of this is exciting. I'm a strong
       | supporter of putting things in the open with as little license
       | enforcement as possible. I think society is better off when we
       | share, and I consider the GPL to run against that spirit by
       | restricting what can be done with it.
       | 
       | I like sharing too but could permissive only licenses not
       | backfire? GPL emerged in an era where proprietary software ruled
       | and companies weren't incentivized to open source. GPL helped
       | ensure software stayed open which helped it become competitive
       | against the monopoly proprietary giants resting on their laurels.
       | The restriction helped innovation, not the supposedly free
       | market.
        
       | cheesecompiler wrote:
       | After cloning a test suite you're still left with ongoing
       | maintenance and development, maintaining feature parity etc.
       | There's a lot more than passing a test suite. If the rewrite is
       | truly superior it deserves to become the new Ship of Theseus. But
       | e.g. I doubt anyone's AI rewrites of SQLite will ever put a dent
       | in its marketshare.
        
       | 7777777phil wrote:
       | The legal question is a distraction. GPL was always enforced by
       | economics: reimplementation had to cost more than compliance. At
       | $1,100 for 94% API coverage, it doesn't. Copyleft was built for a
       | world where clean-room rewrites were painful but they aren't
       | anymore.
        
         | badc0ffee wrote:
         | I don't think it's been established that clean-room rewrites
         | are no longer painful. We don't know if chardet could have been
         | rewritten so easily if the original code wasn't in the training
         | set.
        
       | rzerowan wrote:
       | Strange this with this whole incident apart from the rewrite/LLM
       | part is the general misundrstanding of the licences. LGPL being a
       | pretty permissive one going as far as allowing one to incorporate
       | it in propriety code without the linking reciprocity clause [1]
       | and MIT is even more permissive. Importantly these were meant to
       | protect the USER of the code.Not the Dev , or the Company or the
       | CLA holder - the USER is primary in the FreeSoftware world.Or at
       | least was supposed to be , OSS muddied the waters and forgetting
       | the old lessons learned when thing were basically bigcorp vs
       | indie hacker trying to getthir electronic device to connect to
       | what they want to connect to and do what they need is why were
       | here.
       | 
       | Bikeshedding to eventually come full circle to understand why
       | those decisions were made.
       | 
       | In a world where the large OEMs and bigcorps are increasinly
       | locking down firmware , bootloaders , kernels and the internet. I
       | would think a reappraisal of more enforcement that benefits the
       | USER is paramount.
       | 
       | Instead we have devs looking to tear down the few user
       | protections FLOSS provides and usher in a locked down hacker
       | unfiendly future.
       | 
       | [1] https://licensecheck.io/blog/lgpl-dynamic-linking
        
         | the_mitsuhiko wrote:
         | > Strange this with this whole incident apart from the
         | rewrite/LLM part is the general misundrstanding of the
         | licences. LGPL being a pretty permissive one going as far as
         | allowing one to incorporate it in propriety code without the
         | linking reciprocity clause
         | 
         | The short version is that chardet is a dependency of requests
         | which is very popular, and you cannot distribute
         | PyInstaller/PyOxidizer builds with chardet due to how these
         | systems bundle up dependencies.
         | 
         | [1]: https://velovix.github.io/post/lgpl-gpl-license-
         | compliance-w...
         | 
         | [2]: https://github.com/indygreg/PyOxidizer/issues/142
        
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