> Who is the copyright holder in this case? It clearly draws heavily from an existing work, and it's clear the human offering the patch didn't do it. It's not the AI, because only persons can own copyright. Is it the set of people whose work was represented in the training corpus? Was the it the set of people who wrote ext4 and whose work was in the training corpus? The company who own the AI who wrote the code? Someone else?

I don't love this take. Specifically:

> it's clear the human offering the patch didn't do it

I find it hard to believe that there wasn't a good bit of "blood, sweat, and tears" invested by a human directing the LLM to make this happen. Yes, LLMs can spit out full projects in 1 prompt but that's not what happened here. From his blog the work on this spanned 5 months at least. And while he probably wasn't working on it exclusively during that time, I find it hard to believe it was him sending "continue" periodically to an LLM.

Anyone who has built something large or complicated with LLM assistance knows that it takes more than just asking the LLM to accomplish your end goal, saying "it's clear the human offering the patch didn't do it" is insulting.

I've done a number of things with the help of LLMs, in all but the most contrived of cases it required knowledge, input from me, and careful guidance to accomplish. Multiple plans, multiple rollbacks, the knowledge of when we needed to step back and when to push forward. The LLM didn't bring that to the table. It brought the ability to crank out code to test a theory, to implement a plan only after we had gone 10+ rounds, or to function as grep++ or google++.

LLMs are tools, they aren't a magic "Make me ext4 for OpenBSD"-button (or at least they sure as hell aren't that today, or 5 months ago when this was started).