Since the explosion in generative AI, there has been a rash of "decompilations" of video games and various other software (such as this example from earlier today disputed -- see below) that have been published to Github and advertised as "Open Source." That claim is a lie.

The phrase "Open Source" has a specific meaning (and similarly for "Free Software," by the way^1^), and it isn't merely that the source code is there for you to look at. It means that the copyright holder is explicitly giving you permission to read that source code, modify it, redistribute it, etc. Without that element of permission, the code cannot be "Open Source" even if you can physically read it. At best, it might be "Fair Use" depending on the circumstances, but it's most likely just a fancy means of copyright infringement.

Remember, copyright is a legal construct, not a technical one. It depends much more on the intent of the human doing the copying than it does on the technical details of what they actually did. If the thing they have is obviously intended to be a copy of something else, it is a Derivative Work no matter what technical means were used to create it. That means the original copyright still attaches to it and the person who made the copy doesn't get to choose a new license for it, "Open Source" or otherwise.

Why YSK:

You don't have to like the way copyright law works -- I sure don't! -- but you do have to understand it because there's a lot of misinformation going around right now with people claiming things are "Open Source" when they aren't and a lot of people are going to get in trouble for it. It also dilutes the public understanding of what actual legitimate Open Source software is, which is a problem in and of itself.

Conflating real Open Source software with proprietary software that's been 'pirated with extra steps' is harmful both for developers of the former, who have their reputations damaged by association, and for users/sharers of the latter, who might be misled into not taking the same precautions that they would if they understood that they were dealing with warez. Just because you might think Big Tech can get away with laundering copyright through LLMs -- and even that remains to be seen -- doesn't mean the little guys can.

TL;DR: Proprietary software cannot become Open Source software by any means except (a) the express consent of the copyright holder or (b) the copyright expiring and the work becoming Public Domain. Whatever technological end-run you think you have around this legal fact, no you don't.


EDIT: dispute over example

In giving that example I was relying on the claim in the linked thread, which comes from this guy on BlueSky. Seems like a lot of people think he's wrong, so maybe that's not a good example after all.

However, there are also things like this, and those are examples I feel very confident in citing because (a) they explicitly call them "decompliations," (b) at least one of them has a LICENSE file that says it's MIT, and (c) there's zero chance Nintendo or Rare or anyone else legitimately gave them permission for it.


footnote


^1^ "Free Software" has essentially the same denotation as "Open Source" -- close enough that every "Free Software" license is also "Open Source" and vice-versa -- but a different connotation. The term "Free Software" tends to get used by people who wish to emphasize the rights of the end-user, while the term "Open Source" tends to get used by people who wish to emphasize that the software is available to be modified.

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[–] 31 points 1 month ago (2 children)

If companies can recreate open source projects to change their license, I don't see why commercial software should be more protected. Let OpenAI and others justify to Adobe why it's ok and legal to do instead of policing it yourself.
While I'm not pro "LLM rewrite everything", this is the best case scenario for the tech: unleashing software from the grips of their master, and free their users from predatory practices.

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  • [–] 1 point 1 month ago (1 child)

    No one would argue anything about the source code. The game assets, however, are still protected under copyright law.

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  • [–] 3 points 1 month ago*

    I'm talking about the vibe coded Adobe suite, which doesn't use any official assets from Adobe.

    In cases of games, generally the assets are never provided and you're expected to get them from your own ripped copy.

    But even then I wouldn't put it past an AI bro to recreate all the assets using gen AI. Not sure what the legality of that would be.

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  • [–] 44 points 1 month ago* (last edited 1 month ago) (3 children)

    I haven't seen that, but I have seen a lot of open-weight AI models being described as open-source, which they really are not, and that misuse of the term is something that I really don't like. Open-weight models are basically analogous to getting the binary for a closed-source software package, rather than only having to interact with it via a remote server. That's not to say that that can't have value, but it is not the same as having the source, which would be getting the training corpus and procedures that would let one reconstruct the model.

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  • [–] [S] 7 points 1 month ago (1 child)

    Agreed, and that's a whole 'nother problem. "Open Source" as a term is inadequate to apply to AI models because the only part that actually counts as "source code" is just the harness/framework that runs it -- even closed-weight models can be (and mostly are, AFAIK) technically "Open Source," but that does you no good when the important part is the gigantic opaque vector of data it needs to actually do anything.


    All that aside, I really want to reply to:

    I haven’t seen that

    First of all, there's the example I already cited, which is allegedly a decompilation of Adobe Suite that claims on their main page under the heading "Open Source" that "every line is on GitHub under permissive licenses" (even though they're lying about that because it isn't even a real OSI-compatible license, LOL).

    Second, there have been a bunch of decompilations of Nintendo 64 games including Mario and Zelda ones, and Nintendo, of all companies, sure as Hell didn't approve that!

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  • [–] 5 points 1 month ago*

    That license suggests these people don't know what they're doing, or don't care. Maybe they think they're geographically out of reach of Adobe's lawyers. In any case, it's hardly striking a blow for open-source software when its provenance and legal status are so dubious. FOSS should be done honestly and with pride.

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  • [–] 2 points 1 month ago* (last edited 1 month ago)

    There is the possibility of having an Open Dataset of license-free data plus open-weights, which is probably the closest you can get towards Open Source in that space. There's currently no way to make the model itself transparent simply because of the principle of how these things work.

    Best Practice Example i can offer is Apertus 1.5 -> https://huggingface.co/swiss-ai/collections for models and datasets, https://github.com/orgs/swiss-ai/repositories?q=apertus for training code and similar, https://www.apertus-ai.org/ for the homepage

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  • [–] 18 points 1 month ago (1 child)

    I'm not following your logic here. Decompilers like the N64 decomp tool are open source. They do not contain any proprietary code or copywritten assets, and their source code is freely available to review. The copyright holder of the decomp tool is not the same entity as the copyright holder of the game being decompiled.

    Yes, to do anything useful, you need a proprietary file (usually, a very specific ROM). But that is true for a lot of software that can read or interact with copyrighted content. GIMP doesn't stop being open source the second I import a Google logo in for editing.

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  • [–] 5 points 1 month ago

    You are definitely right in the case of clean room rewrites that basically achieve the same behavior independently (at least it can be argued they didnt just rewrite the original decompile code ig).

    What I see people doing now is give Claude a game binary and ask it to reverse engineer and rewrite the game. I'm not a lawyer but I don't think that can be redistributed legally, it's basically a transformation of the original game even if the final product doesn't contain any original assets. And I also saw a guy that did this to port some skating game to pc, and he said he believes all games will be open source in a few years. Not sure how he meant it, but it doesn't make sense to me in any way, being able to reverse engineer or decompile a product was never an issue in making something open source, it's an issue of copyright or licensing.

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  • [–] 29 points 1 month ago (7 children)

    The Adobe suite thing you linked in your post isn't a decompilation, it's a clean-room reimplementation.

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  • [–] 21 points 1 month ago (3 children)

    Whether it qualifies as a clean room implementation is going to spark some debate (and some lawsuits).

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  • [–] 20 points 1 month ago* (last edited 1 month ago)

    You could argue that "vibe coded" and "clean room reimplementation" are by nature incompatible with one another, since you can't prove the AI didn't ingest the original code. But you could also question whether the AI could possibly be trained on Adobe's code when Adobe keeps that under wraps. It could be trained on leaked code, but that would be hard to prove.

    If they used decompilation as a guide for the AI, that might be easier to establish regardless of what the LLM was trained on. There could be telltale implementation details that Adobe could cite.

    In any case, Adobe has a huge number of patents on its software, so I imagine there could be grounds for legal action just because these applications faithfully copy the look and feel and functionality of Adobe products. That might be easier for them to prove in court than anything about the code's provenance.

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  • [–] [S] 3 points 1 month ago (2 children)

    Well, if that's the case then I've been hoodwinked by this guy.

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  • [–] 13 points 1 month ago (2 children)

    Reverse engineering, especially clean room reverse engineering, is not illegal, and there are several legal precendents documenting this; although AI kinda blurs the line between clean and not clean.

    Also, IDGAF, companies like adobe deserve this 100%

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  • [–] 6 points 1 month ago*

    opened source != open source

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  • [–] 10 points 1 month ago

    Indeed. Having something decompiled doesn't make it right in multiple meanings.

    Uncomfortable but very valuable YSK in this context.

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  • [–] 4 points 1 month ago

    In the U.S., copyright protections don't extend to functionality, though. So copying even copyrighted code in a manner to replicate functionality is fair use when there's no other way to accomplish the same thing.

    For example, if you have a piece of equipment that checks the software on a cartridge for a string of text that says "Produced by or under license from Sega Enterprises Ltd." before running that software, then it's fair use to copy that exact text so that your software can run on that equipment. And it's fair use to reverse engineer and decompile licensed cartridges to see what the bare minimum necessary to make it work.

    One way to prove that you didn't copy the software any more than is strictly necessary for functionality is to fully document the functionality, and then have a skilled programmer take the documentation and write new software from scratch, without ever having seen the original software whose function is being copied. That's a "cleanroom implementation." Compaq and other IBM clones built their own BIOS software to implement the exact same functionality of copyrighted IBM code, and created an entire industry of IBM compatible PCs that weren't actually licensed from IBM. Similarly, Google moved Android off of Sun-licensed Java using a cleanroom implementation (when Oracle bought Sun and Google wanted to get away from Larry Ellison's abusive pricing practices).

    Ok, so if it's permissible to reverse engineer the code to create documentation of how it works, and then have someone else take that documentation and implement the functionality using new code, how do AI/LLMs fit into this? Can it be said that it's truly a "cleanroom" when the reverse engineering and decompilation functions are done by the same software that converts the decompiled code into documentation in human language, and then is the same software that converts the documentation into newly implemented code? Doesn't quite hit the same way, and I'm not sure the courts would see it the same way.

    All of this is a gray area, and people shouldn't confidently predict what the courts will decide in specific nuanced examples. A lot will depend on the specific details, so there isn't going to be much room for sweeping generalizations.

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  • [–] 4 points 1 month ago

    we're bringing back the term "freeware"

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  • [–] 4 points 1 month ago (3 children)

    IMO the most important part of open source licenses is the obligation that anyone who modifies and shares the code publishes the changes with the same license. It’s not just that the original creator is giving permission to use the code, they’re doing it so the code can become the foundation of something everyone can add to in perpetuity.

    So calling unlicensed software “open source” isn’t just abusing the original creator, it’s abusing everyone who invests their time in it with the thought of potentially adding their own improvements.

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  • [–] [S] 8 points 1 month ago (2 children)

    IMO the most important part of open source licenses is the obligation that anyone who modifies and shares the code publishes the changes with the same license.

    That is only true of "copyleft" Open Source licenses (e.g. GPL). There is also an entire category of "permissive" Open Source" licenses that don't require that, yet still comply with the definition of "Open Source."

    I agree with you that copyleft is essential, BTW. In fact, I've gone so far as to call BSD a "cuck license" on occasion. But sadly, OSI makes the rules about which licenses count, not me.

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  • [–] 1 point 1 month ago* (last edited 1 month ago) (1 child)

    To add on to this, there is a directionality of equivalence between Free Software and Open Source. Free software is open source, open source may not qualify as free. MIT and Apache license are great examples of open source but not free. Apparently the Apache and MIT licenses are also considered free, but the overall statement still stands.

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  • [–] [S] 1 point 1 month ago

    No, the OSI's definition and the FSF's definition are similar enough (basically differing only in connotation/emphasis, not denotation) that I don't think there is even a single license that meets one definition but not the other.

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  • [–] 2 points 1 month ago

    also, anything created by an llm can, by definition, not be open sourced, because the prompter does not have any rights to give away.

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  • [–] 1 point 1 month ago

    Could you walk me through the damage that this mistake does to well-and-proper open source developers?

    I don't think it is likely that they would be harmed by things like new regulation on 'public source code' projects? Anybody looking to hire a developer who confuses these two wasn't serious/relevant in the space. Open source developers do not, at least in my media diet, seem to get a lot of airtime or respect for their work (or money, for that matter). And the places they do get these things are sufficiently literate that I'm not concerned.

    Could you help me out with this claim? What's the model of harm?

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  • [–] -2 points 1 month ago

    Too bad most lemmites won't understand.

    They want to look like tech experts when they're not, so they use a bunch of buzzwords they vaguely understand and hope for the best.

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