Want to know what changed between 10.1 and 11? Or 10.0 and 10.1? It’s all right there, summarized by the people who did the work.

The second thing is that I’m not necessarily talking about whether _a specific LLM itself_ infringes copyright, but whether _its output_ is covered by the copyright of _its training material_. Whether training an LLM is an activity that infringes copyright is not well-settled in any precedential way, whether the trained LLM as an artifact infringes copyright is even less settled, and whether the output of that LLM is either infringing or covered by copyright is also not settled. These are all still extremely open questions.

That means anyone doing reasonable risk management should not just blithely race ahead and assume that there’s no infringement, which appears to be the approach the GCC project is taking explicitly and which also appears to be the approach projects like Linux and LLVM are taking implicitly (mostly through weasel-language like accepting responsibility for code you’re submitting).

Anthropic is trying to settle the case with most plaintiffs with respect to obtaining their works in an infringing way, but there are still plaintiffs pursuing the case on both the grounds that the remedy is insufficient (being only about $3000/work, when it has been as high as $250K/work in other copyright infringement cases and via statutory damages) and also on the grounds that the ruling that training is fair use was an error of law on the district court judge’s part.

Notably it doesn’t cover whether the output of the trained LLM continues to attach the training set’s copyright, which is independent from whether the training itself was an infringing activity. And there’s a substantial argument that the judge erred, if it can be shown that the training works are stored in a recoverable manner (even with some loss/defredation) rather than more extensively transformed.

Of course, not long after starting GNU, Stallman got caught copying code from Unipress emacs sources into the then-new GNU emacs sources. Oops! That’s why it was difficult for quite a long time to find early GNU emacs sources online—they were purged from various archives because they were infringing.