Book contents
- Reviews
- Our Artificial Future
- Our Artificial Future
- Copyright page
- Dedication
- Contents
- Figure and Tables
- Boxes
- Acknowledgments
- Introduction
- Part I Understanding GenAI
- Part II An Overview of Key Concepts
- Part III Legal
- 11 An Introduction to Copyright Law
- 12 Copyright Law and GenAI Exceptionalism
- 13 An Introduction to the First Amendment
- 14 The First Amendment and GenAI Exceptionalism
- 15 Contract Law and Websites
- 16 Contract Law and GenAI Exceptionalism
- 17 Licensing for GenAI
- 18 Tort Law
- 19 Property, Exclusion, and Trespass
- Part IV Societal Implications
- Part V Looking Further Ahead
- Part VI What to Do about It
- Notes
- Index
17 - Licensing for GenAI
from Part III - Legal
Published online by Cambridge University Press: 24 July 2026
Book contents
- Reviews
- Our Artificial Future
- Our Artificial Future
- Copyright page
- Dedication
- Contents
- Figure and Tables
- Boxes
- Acknowledgments
- Introduction
- Part I Understanding GenAI
- Part II An Overview of Key Concepts
- Part III Legal
- 11 An Introduction to Copyright Law
- 12 Copyright Law and GenAI Exceptionalism
- 13 An Introduction to the First Amendment
- 14 The First Amendment and GenAI Exceptionalism
- 15 Contract Law and Websites
- 16 Contract Law and GenAI Exceptionalism
- 17 Licensing for GenAI
- 18 Tort Law
- 19 Property, Exclusion, and Trespass
- Part IV Societal Implications
- Part V Looking Further Ahead
- Part VI What to Do about It
- Notes
- Index
Summary
The rise of generative AI (GenAI) is challenging a legal and ethical foundation of the open-source software movement: attribution. Open-source licenses, such as Apache 2.0, require developers to credit the original creators, but GenAI models trained on massive code corpora cannot practically trace or attribute their outputs. This “technical impossibility” is being used by AI companies as an excuse to disregard licensing terms, a stance challenged in cases like Doe 1 v. GitHub, where the court allowed license violations to be pursued as contract claims, independent of fair use. The chapter argues that this failure to comply could undermine the collaborative culture of open source. The path forward requires either technical attribution solutions, new licensing frameworks specifically for AI, or legal pressure to force compliance. The core question is whether the open-source revolution will be sacrificed for the sake of the AI revolution.
Keywords
Information
- Type
- Chapter
- Information
- Our Artificial FutureWhat Generative AI Means for Law and Society, pp. 185 - 189Publisher: Cambridge University PressPrint publication year: 2026
Accessibility standard: WCAG 2.0 A
Why this information is here
This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.Accessibility Information
The HTML of this chapter
conforms to version 2.0 of the
Web Content Accessibility Guidelines
(WCAG), ensuring core accessibility principles are addressed and meets the basic
(A)
level of WCAG compliance, addressing essential accessibility barriers.
Content Navigation
Table of contents navigation
Allows you to navigate directly to chapters, sections, or non‐text items through a linked table of contents, reducing the need for extensive scrolling.
Allows you to navigate directly to chapters, sections, or non‐text items through a linked table of contents, reducing the need for extensive scrolling.
Index navigation
Provides an interactive index, letting you go straight to where a term or subject appears in the text without manual searching.
Provides an interactive index, letting you go straight to where a term or subject appears in the text without manual searching.
Reading Order & Textual Equivalents
Single logical reading order
You will encounter all content (including footnotes, captions, etc.) in a clear, sequential flow, making it easier to follow with assistive tools like screen readers.
You will encounter all content (including footnotes, captions, etc.) in a clear, sequential flow, making it easier to follow with assistive tools like screen readers.
Short alternative textual descriptions
You get concise descriptions (for images, charts, or media clips), ensuring you do not miss crucial information when visual or audio elements are not accessible.
You get concise descriptions (for images, charts, or media clips), ensuring you do not miss crucial information when visual or audio elements are not accessible.
Full alternative textual descriptions
You get more than just short alt text: you have comprehensive text equivalents, transcripts, captions, or audio descriptions for substantial non‐text content, which is especially helpful for complex visuals or multimedia.
You get more than just short alt text: you have comprehensive text equivalents, transcripts, captions, or audio descriptions for substantial non‐text content, which is especially helpful for complex visuals or multimedia.
Structural and Technical Features
ARIA roles provided
You gain clarity from ARIA (Accessible Rich Internet Applications) roles and attributes, as they help assistive technologies interpret how each part of the content functions.
You gain clarity from ARIA (Accessible Rich Internet Applications) roles and attributes, as they help assistive technologies interpret how each part of the content functions.