this post was submitted on 12 Apr 2026
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The copyright office said material generated by AI is not copyrighted, even if that material is subsequently revised by the AI through additional prompts. That includes code. The GPL can only be used on copyrighted code. It is a copyleft license because it uses copyright law as a mechanism to enforce its terms. If you believe you can enforce a license on public domain material, that’s simply a gross misunderstanding of copyright law.
Yes, it will hopefully be a very small part of the kernel, but what happens thirty years from now if the kernel is all AI generated code? It may be a slippery slope, but it’s a valid slippery slope. The more the kernel is AI generated, the less of it the license can cover.