Are ChatGPT and Other Similar Systems the Modern Lernaean Hydras of AI?

Abstract

The rise of Generative Artificial Intelligence systems ("AI systems") has created unprecedented social engagement. AI code generation systems provide responses (output) to questions or requests by accessing the vast library of open-source code created by developers over the past few decades. However, they do so by allegedly stealing the open-source code stored in virtual libraries, known as repositories. This Article focuses on how this happens and whether there is a solution that protects innovation and avoids years of litigation. We also touch upon the array of issues raised by the relationship between AI and copyright. Looking ahead, we propose the following: (a) immediate changes to the licenses for open-source code created by developers that will limit access and/or use of any open-source code to humans only; (b) we suggest revisions to the Massachusetts Institute of Technology ("MIT") license so that AI systems are required to procure appropriate licenses from open-source code developers, which we believe will harmonize standards and build social consensus for the benefit of all of humanity, rather than promote profit-driven centers of innovation; (c) we call for urgent legislative action to protect the future of AI systems while also promoting innovation; and (d) we propose a shift in the burden of proof to AI systems in obfuscation cases.