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Formatting and wording
This commit is contained in:
Mark Qvist
parent
a22de54b4a
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6 changed files with 37 additions and 32 deletions
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@ -5,8 +5,8 @@ A grant of rights is only as real as the rights behind it. A license conveys wha
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Each of these statements is a matter of settled statute and case law, and this document sets out the authorities, in order. The conclusions they support are:
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1. A software implementation generated from a licensed work by a machine, published under its operator's claimed copyright and license, conveys rights the operator never possessed.
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2. Its grant is void. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.
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1. A software implementation generated from a licensed work by a machine, published under its operator's claimed copyright and license, **conveys rights the operator never possessed**.
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2. **Its grant is void**. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.
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This document is a general examination of copyright law as it applies to machine-generated code. It is not legal advice.
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@ -27,7 +27,7 @@ The exclusive right at issue is defined in section 106:
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Violation of any of these rights is infringement. 17 U.S.C. § 501(a).
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Taken together, the provisions yield a syllogism that is difficult to improve upon and impossible to escape:
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Taken together, the provisions yield a construction that is difficult to improve upon and impossible to escape:
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1. **A port is a translation.** A work that takes a program written in one language and from it produces a program written in another language, implementing the same behavior, is a translation of the original - whatever mechanism performed it, and however the surface presentation differs.
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2. **A translation is a derivative work.** Section 101 says so, explicitly.
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@ -71,7 +71,7 @@ The requirement traces to the ordinary meaning of the statutory term. In *Burrow
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---
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**A machine does not owe expression its origin; it produces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.**
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**A machine does not owe expression its origin; it reproduces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.**
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---
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@ -81,7 +81,7 @@ The Copyright Office's registration guidance applies the requirement to generati
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- *Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence*, 88 Fed. Reg. 16190, 16192 (Mar. 16, 2023)
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And it states the consequence: "If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it" (*Id.*).
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And it states the consequence: *"If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it"* (*Id.*).
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On the role of prompts, the Office is equally explicit: when a system receives a prompt and produces a work in response, *"these prompts function more like instructions to a commissioned artist - they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output"* (*Id.*).
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@ -19,6 +19,8 @@ As we are surely only at the on-ramp of this trajectory, the chapter will contin
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What The Reticulum License Is
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-----------------------------
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*To understand the legal reality relating to this section, see* :ref:`Void Grants<brandolinis-void-grants>`.
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The :ref:`Reticulum License<license>` is the license under which RNS, the Reticulum reference implementation, has been published since **April 15, 2025**\ , in versioning effective from **0.9.4** and every release since. In practical terms, it covers all of "modern Reticulum": The current wire format, the cryptographic machinery as it exists today (including the AES-256-based link encryption, ratchets, et cetera), and all protocol additions that distinguish the modern implementation from the earliest pre-1.0.0 beta formats. If an implementation speaks today's Reticulum protocol, it is, in all relevant respects, built on Reticulum-licensed work.
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The license is a permissive license. It grants the full range of rights to use, copy, modify, merge, publish, distribute, sublicense, and sell the software, free of charge; subject to three conditions, which are reproduced here verbatim:
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@ -546,10 +548,10 @@ Void Grants: Legal Foundations of Machine-Generated Code
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A grant of rights is only as real as the rights behind it. A license conveys what its issuer holds, and nothing more. A derivative may be distributed only under whatever license covers what it took. And over a work that a machine originated, no human holds anything at all.
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Each of these statements is a matter of settled statute and case law, and this document sets out the authorities, in order. The conclusions they support are:
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Each of these statements is a matter of settled statute and case law, and this section sets out the authorities, in order. The conclusions they support are:
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#. A software implementation generated from a licensed work by a machine, published under its operator's claimed copyright and license, conveys rights the operator never possessed.
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#. Its grant is void. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.
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#. A software implementation generated from a licensed work by a machine, published under its operator's claimed copyright and license, **conveys rights the operator never possessed**.
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#. **Its grant is void**. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.
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This document is a general examination of copyright law as it applies to machine-generated code. It is not legal advice.
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@ -577,8 +579,7 @@ The exclusive right at issue is defined in section 106:
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Violation of any of these rights is infringement. 17 U.S.C. § 501(a).
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Taken together, the provisions yield a syllogism that is difficult to improve upon and impossible to escape:
|
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Taken together, the provisions yield a construction that is difficult to improve upon and impossible to escape:
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#. **A port is a translation.** A work that takes a program written in one language and from it produces a program written in another language, implementing the same behavior, is a translation of the original - whatever mechanism performed it, and however the surface presentation differs.
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#. **A translation is a derivative work.** Section 101 says so, explicitly.
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@ -627,7 +628,7 @@ The requirement traces to the ordinary meaning of the statutory term. In *Burrow
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----
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**A machine does not owe expression its origin; it produces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.**
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**A machine does not owe expression its origin; it reproduces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.**
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----
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@ -641,7 +642,7 @@ The Copyright Office's registration guidance applies the requirement to generati
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* *Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence*\ , 88 Fed. Reg. 16190, 16192 (Mar. 16, 2023)
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And it states the consequence: "If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it" (\ *Id.*\ ).
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And it states the consequence: *"If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it"* (\ *Id.*\ ).
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On the role of prompts, the Office is equally explicit: when a system receives a prompt and produces a work in response, *"these prompts function more like instructions to a commissioned artist - they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output"* (\ *Id.*\ ).
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@ -279,6 +279,7 @@
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<p>As we are surely only at the on-ramp of this trajectory, the chapter will continue to evolve, expand and be updated based on community feedback as events occur.</p>
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<section id="what-the-reticulum-license-is">
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<span id="brandolinis-what-the-license-is"></span><h2>What The Reticulum License Is<a class="headerlink" href="#what-the-reticulum-license-is" title="Link to this heading">¶</a></h2>
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<p><em>To understand the legal reality relating to this section, see</em> <a class="reference internal" href="#brandolinis-void-grants"><span class="std std-ref">Void Grants</span></a>.</p>
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<p>The <a class="reference internal" href="license.html#license"><span class="std std-ref">Reticulum License</span></a> is the license under which RNS, the Reticulum reference implementation, has been published since <strong>April 15, 2025</strong>, in versioning effective from <strong>0.9.4</strong> and every release since. In practical terms, it covers all of “modern Reticulum”: The current wire format, the cryptographic machinery as it exists today (including the AES-256-based link encryption, ratchets, et cetera), and all protocol additions that distinguish the modern implementation from the earliest pre-1.0.0 beta formats. If an implementation speaks today’s Reticulum protocol, it is, in all relevant respects, built on Reticulum-licensed work.</p>
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<p>The license is a permissive license. It grants the full range of rights to use, copy, modify, merge, publish, distribute, sublicense, and sell the software, free of charge; subject to three conditions, which are reproduced here verbatim:</p>
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<blockquote>
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@ -639,10 +640,10 @@ them will ever be able to perform.</p></li>
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<section id="void-grants-legal-foundations-of-machine-generated-code">
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<span id="brandolinis-void-grants"></span><h2>Void Grants: Legal Foundations of Machine-Generated Code<a class="headerlink" href="#void-grants-legal-foundations-of-machine-generated-code" title="Link to this heading">¶</a></h2>
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<p>A grant of rights is only as real as the rights behind it. A license conveys what its issuer holds, and nothing more. A derivative may be distributed only under whatever license covers what it took. And over a work that a machine originated, no human holds anything at all.</p>
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<p>Each of these statements is a matter of settled statute and case law, and this document sets out the authorities, in order. The conclusions they support are:</p>
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<p>Each of these statements is a matter of settled statute and case law, and this section sets out the authorities, in order. The conclusions they support are:</p>
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<ol class="arabic simple">
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<li><p>A software implementation generated from a licensed work by a machine, published under its operator’s claimed copyright and license, conveys rights the operator never possessed.</p></li>
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<li><p>Its grant is void. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.</p></li>
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<li><p>A software implementation generated from a licensed work by a machine, published under its operator’s claimed copyright and license, <strong>conveys rights the operator never possessed</strong>.</p></li>
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<li><p><strong>Its grant is void</strong>. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.</p></li>
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</ol>
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<p>This document is a general examination of copyright law as it applies to machine-generated code. It is not legal advice.</p>
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<section id="i-the-foundational-statute-translation-is-copying">
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@ -660,7 +661,7 @@ them will ever be able to perform.</p></li>
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(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;</p>
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</div></blockquote>
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<p>Violation of any of these rights is infringement. 17 U.S.C. § 501(a).</p>
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<p>Taken together, the provisions yield a syllogism that is difficult to improve upon and impossible to escape:</p>
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<p>Taken together, the provisions yield a construction that is difficult to improve upon and impossible to escape:</p>
|
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<ol class="arabic simple">
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<li><p><strong>A port is a translation.</strong> A work that takes a program written in one language and from it produces a program written in another language, implementing the same behavior, is a translation of the original - whatever mechanism performed it, and however the surface presentation differs.</p></li>
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<li><p><strong>A translation is a derivative work.</strong> Section 101 says so, explicitly.</p></li>
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@ -691,7 +692,7 @@ them will ever be able to perform.</p></li>
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<p>In <em>Thaler v. Perlmutter</em>, the district court held that <em>“copyright law protects only works of human creation,”</em> and that <em>“human authorship is a bedrock requirement of copyright”</em> (687 F. Supp. 3d 140, 146, D.D.C. 2023). On appeal, the United States Court of Appeals for the District of Columbia Circuit affirmed, holding that the Copyright Act <em>“requires all eligible works to be authored in the first instance by a human being”</em> (No. 23-5233, D.C. Cir. Mar. 18, 2025).</p>
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<p>The requirement traces to the ordinary meaning of the statutory term. In <em>Burrow-Giles Lithographic Co. v. Sarony</em>, the Supreme Court defined an “author” as <em>“he to whom anything owes its origin; originator; maker; one who completes a work of science or literature”</em> (111 U.S. 53, 57–58, 1884), and more recently described the author as <em>“the person who translates an idea into a fixed, tangible expression entitled to copyright protection”</em> (<em>Community for Creative Non-Violence v. Reid</em>, 490 U.S. 730, 737, 1989).</p>
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<hr class="docutils" />
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<p><strong>A machine does not owe expression its origin; it produces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.</strong></p>
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<p><strong>A machine does not owe expression its origin; it reproduces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.</strong></p>
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<hr class="docutils" />
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<p>The Copyright Office’s registration guidance applies the requirement to generative systems in terms that are directly on point. The Office asks:</p>
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<blockquote>
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@ -700,7 +701,7 @@ them will ever be able to perform.</p></li>
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<ul class="simple">
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<li><p><em>Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence</em>, 88 Fed. Reg. 16190, 16192 (Mar. 16, 2023)</p></li>
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</ul>
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<p>And it states the consequence: “If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it” (<em>Id.</em>).</p>
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<p>And it states the consequence: <em>“If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it”</em> (<em>Id.</em>).</p>
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<p>On the role of prompts, the Office is equally explicit: when a system receives a prompt and produces a work in response, <em>“these prompts function more like instructions to a commissioned artist - they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output”</em> (<em>Id.</em>).</p>
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<p>The agency applied this standard and excluded machine-originated material from registration in the leading administrative case. In <em>Zarya of the Dawn</em> (Cancellation Decision, Feb. 21, 2023, Registration No. VAu001480196), the Office cancelled registration of images generated by the Midjourney service, holding that <em>“it was Midjourney-not [the author]-that originated the ‘traditional elements of authorship’ in the images”</em>, while preserving protection for the human-authored text and the human selection and arrangement of the work.</p>
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<p>The Copyright Office’s 2025 report on AI copyrightability reaches the same conclusion:</p>
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File diff suppressed because one or more lines are too long
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@ -18,6 +18,8 @@ As we are surely only at the on-ramp of this trajectory, the chapter will contin
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## What The Reticulum License Is
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*To understand the legal reality relating to this section, see* [Void Grants](#brandolinis-void-grants).
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The [Reticulum License](license.md#license) is the license under which RNS, the Reticulum reference implementation, has been published since **April 15, 2025**, in versioning effective from **0.9.4** and every release since. In practical terms, it covers all of “modern Reticulum”: The current wire format, the cryptographic machinery as it exists today (including the AES-256-based link encryption, ratchets, et cetera), and all protocol additions that distinguish the modern implementation from the earliest pre-1.0.0 beta formats. If an implementation speaks today’s Reticulum protocol, it is, in all relevant respects, built on Reticulum-licensed work.
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The license is a permissive license. It grants the full range of rights to use, copy, modify, merge, publish, distribute, sublicense, and sell the software, free of charge; subject to three conditions, which are reproduced here verbatim:
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@ -457,10 +459,10 @@ At the same time, I reserve my right to revert that position to Butlerian Jihad
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A grant of rights is only as real as the rights behind it. A license conveys what its issuer holds, and nothing more. A derivative may be distributed only under whatever license covers what it took. And over a work that a machine originated, no human holds anything at all.
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Each of these statements is a matter of settled statute and case law, and this document sets out the authorities, in order. The conclusions they support are:
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Each of these statements is a matter of settled statute and case law, and this section sets out the authorities, in order. The conclusions they support are:
|
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1. A software implementation generated from a licensed work by a machine, published under its operator’s claimed copyright and license, conveys rights the operator never possessed.
|
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2. Its grant is void. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.
|
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1. A software implementation generated from a licensed work by a machine, published under its operator’s claimed copyright and license, **conveys rights the operator never possessed**.
|
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2. **Its grant is void**. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.
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This document is a general examination of copyright law as it applies to machine-generated code. It is not legal advice.
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@ -481,7 +483,7 @@ The exclusive right at issue is defined in section 106:
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Violation of any of these rights is infringement. 17 U.S.C. § 501(a).
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Taken together, the provisions yield a syllogism that is difficult to improve upon and impossible to escape:
|
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Taken together, the provisions yield a construction that is difficult to improve upon and impossible to escape:
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|
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1. **A port is a translation.** A work that takes a program written in one language and from it produces a program written in another language, implementing the same behavior, is a translation of the original - whatever mechanism performed it, and however the surface presentation differs.
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2. **A translation is a derivative work.** Section 101 says so, explicitly.
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|
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@ -525,7 +527,7 @@ The requirement traces to the ordinary meaning of the statutory term. In *Burrow
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---
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**A machine does not owe expression its origin; it produces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.**
|
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**A machine does not owe expression its origin; it reproduces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.**
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---
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@ -534,7 +536,7 @@ The Copyright Office’s registration guidance applies the requirement to genera
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> whether the “work” is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine.
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* *Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence*, 88 Fed. Reg. 16190, 16192 (Mar. 16, 2023)
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And it states the consequence: “If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it” (*Id.*).
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And it states the consequence: *“If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it”* (*Id.*).
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On the role of prompts, the Office is equally explicit: when a system receives a prompt and produces a work in response, *“these prompts function more like instructions to a commissioned artist - they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output”* (*Id.*).
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@ -19,6 +19,8 @@ As we are surely only at the on-ramp of this trajectory, the chapter will contin
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What The Reticulum License Is
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-----------------------------
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*To understand the legal reality relating to this section, see* :ref:`Void Grants<brandolinis-void-grants>`.
|
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|
||||
The :ref:`Reticulum License<license>` is the license under which RNS, the Reticulum reference implementation, has been published since **April 15, 2025**\ , in versioning effective from **0.9.4** and every release since. In practical terms, it covers all of "modern Reticulum": The current wire format, the cryptographic machinery as it exists today (including the AES-256-based link encryption, ratchets, et cetera), and all protocol additions that distinguish the modern implementation from the earliest pre-1.0.0 beta formats. If an implementation speaks today's Reticulum protocol, it is, in all relevant respects, built on Reticulum-licensed work.
|
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|
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The license is a permissive license. It grants the full range of rights to use, copy, modify, merge, publish, distribute, sublicense, and sell the software, free of charge; subject to three conditions, which are reproduced here verbatim:
|
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|
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@ -546,10 +548,10 @@ Void Grants: Legal Foundations of Machine-Generated Code
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A grant of rights is only as real as the rights behind it. A license conveys what its issuer holds, and nothing more. A derivative may be distributed only under whatever license covers what it took. And over a work that a machine originated, no human holds anything at all.
|
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|
||||
Each of these statements is a matter of settled statute and case law, and this document sets out the authorities, in order. The conclusions they support are:
|
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Each of these statements is a matter of settled statute and case law, and this section sets out the authorities, in order. The conclusions they support are:
|
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#. A software implementation generated from a licensed work by a machine, published under its operator's claimed copyright and license, conveys rights the operator never possessed.
|
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#. Its grant is void. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.
|
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#. A software implementation generated from a licensed work by a machine, published under its operator's claimed copyright and license, **conveys rights the operator never possessed**.
|
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#. **Its grant is void**. The projects, products, and promises built upon such grants stand on nothing. A field of void grants is a minefield for everyone who crosses it.
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This document is a general examination of copyright law as it applies to machine-generated code. It is not legal advice.
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@ -577,8 +579,7 @@ The exclusive right at issue is defined in section 106:
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Violation of any of these rights is infringement. 17 U.S.C. § 501(a).
|
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|
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Taken together, the provisions yield a syllogism that is difficult to improve upon and impossible to escape:
|
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Taken together, the provisions yield a construction that is difficult to improve upon and impossible to escape:
|
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|
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#. **A port is a translation.** A work that takes a program written in one language and from it produces a program written in another language, implementing the same behavior, is a translation of the original - whatever mechanism performed it, and however the surface presentation differs.
|
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#. **A translation is a derivative work.** Section 101 says so, explicitly.
|
||||
|
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@ -627,7 +628,7 @@ The requirement traces to the ordinary meaning of the statutory term. In *Burrow
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|
||||
----
|
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**A machine does not owe expression its origin; it produces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.**
|
||||
**A machine does not owe expression its origin; it reproduces it. No court has recognized copyright in material created by non-humans, and the courts that have addressed the question have rejected it. If you create by machine generation, you do not own the output.**
|
||||
|
||||
----
|
||||
|
||||
|
|
@ -641,7 +642,7 @@ The Copyright Office's registration guidance applies the requirement to generati
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|||
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* *Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence*\ , 88 Fed. Reg. 16190, 16192 (Mar. 16, 2023)
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And it states the consequence: "If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it" (\ *Id.*\ ).
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And it states the consequence: *"If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it"* (\ *Id.*\ ).
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On the role of prompts, the Office is equally explicit: when a system receives a prompt and produces a work in response, *"these prompts function more like instructions to a commissioned artist - they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output"* (\ *Id.*\ ).
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