Comment Re:Uhh... Cool? (Score 1) 60
First off, you can always just use a LLM with an open training dataset (OLMo, Pythia, etc) to prove that the data isn't in it, and have that handle the "clean" side of the equation.
Secondly, you are under the mistaken impression that a LLM that has been exposed (which, BTW, does not mean "memorized", or even any rough understandings of the workings - ask the LLM (ideally an abliterated one to avoid refusals) to reproduce the original code verbatim, it'll almost certainly fail badly) automatically fails in such a suit. It does not. There is no such thing as "homeopathic copyright contamination". Copyvio requires substantial similarity. LLMs will tend to have common algos memorized, but those are the very things that tend to be simultaneously not copyrightable.
The cleanroom is an evidentiary shield, not a pillar of copyright law. If you can prove that the cleanroom team had no access to the original, then you can prove that they didn't copy it, and potentially get summary judgement. If you can't prove that, that doesn't mean that it's not copyvio, it just means that you instead have to focus on substantial-similarity defenses. Access without substantial similiarity is not copyvio. If you read an open-source codebase, close it, and then later write a new program purely on your own that looks nothing like the original, you had "access", but still did not infringe. The same applies to LLMs - but even moreso, because humans are much better at learning from brief, limited exposures to content than LLMs are. A court will usually apply an "Abstraction-Filtration-Comparison" test - they break the code down into layers (source code, parameters, architecture, algos, etc) (abstraction), remove everything that copyright law does not protect (ideas and common algos, things where there's only a limited number of ways to possibly do it, etc) (filtration), and then compare the creative expression that remains to see if there exists sufficient similarity to count as infringement. It is highly unlikely that a LLM-implemented version will fail that.
(That said, you're talking about a long, expensive legal battle if you get to that point, so you obviously prefer to be able to get summary judgement if you can)