On Mon, 11 May 2026 at 08:51, Goffi <goffi(a)goffi.org> wrote:
This raises, I believe, copyright issues: if someone
use AI to redact a
whole
section of a spec, how can we be sure that it's not an existing specs for
some
other place, possibly under copyright, that is copied or paraphrased? How
can
an author guarantee that it's original work (hint: they can't)?
Rewrite that paragraph, but drop the AI reference. If you'll pardon me
making a derived work without explicit licence (copyright joke, hopefully,
but see below) you end up with:
This raises, I believe, copyright issues: if someone writes a whole section
of a spec, how can we be sure it's not an existing
specs for some other
place, possibly under copyright, that is copied or paraphrased? How can an
author guarantee that it's original work (hint: they can't)?
Actually, an author can guarantee that they are in a position to assign the
copyright to the document to the XSF. By, literally, saying so.
This indemnifies the XSF entirely (as long as we ensure it's explicit,
which I believe we do) - as far as the XSF is concerned, we had the
copyright assigned to us by someone who warranted that they were able to do
so. Therefore, we believe we own the copyright in good faith.
Should this be discussed with board or council?
Board! It's firmly a Board matter, not a Council one. You're lucky!
But anyway - I would first and foremost suggest that AI generated text is
just one aspect of copyrightability and copyright ownership, and
concentrate on whether or not the submitter asserts they have the right to
assign, and have done so.
This is particularly weak, I think, for changes to XEPs where the wording
is taken from messages on the standards list. For initial submissions via
GitHub we have (I think?) the IPR sign-off; though I'd prefer this to be on
every submission instead of a one-off. I would much rather require that
assignment (and the corresponding assertion of ability) is made much
broader, and covered for example this message, and messages, comments, and
so on in other XSF venues.
Indeed, on a strict reading, by quoting Goffi's note here I have made a
derived work, and I don't actually know that there is a strict licence
permitting me to do so. More complex still is the paragraph I rewrote. I
think I'm safe in assuming that Goffi would allow this. I think. But what
if someone then incorporates my (derived work) paragraph into a XEP, thus
assigning the copyright in my derived work paragraph wholly to the XSF? Who
has done that assignment, and who needs to?
I would personally lean away from having to explicitly mention AI usage,
much less forbid it. It is widely misunderstood how copyright and AI
intersect in both case law and legislation in different jurisdictions, and
it's a lot less settled than you may think, as I note in my other message.
I'm unconvinced it's possible to use AI in a way that would produce an
uncopyrightable XEP contribution beyond simple grammar/spelling passes, but
I worry that any mention of AI usage will make people believe that case law
in the US means there cannot be any copyright at all. As I say, I've
already had that with Wimsy - one of the only PRs against it was removing
my copyright and licence on this basis!
Dave.