Re: [MAINTAINERS SUMMIT] Annotating patches containing AI-assisted code

["Paul E. McKenney" <paulmck@kernel.org>]

On Mon, Aug 11, 2025 at 04:22:21PM -0700, Luis Chamberlain wrote:
> On Mon, Aug 11, 2025 at 03:51:48PM -0700, Paul E. McKenney wrote:
> > On Mon, Aug 11, 2025 at 03:11:47PM -0700, Luis Chamberlain wrote:
> > > b) seems kind of too late
> > 
> > Why?
> 
> One cannot assume at this point AI generated code has not been merged
> into any large scale open source project.

I agree that it is quite possible that AI-generated code has already been
merged into large-scale open-source projects, including the Linux kernel.
I do not see why this possibility requires us to merge AI-generated code
in the future.

> I am also not sure it can be stopped.

As noted below, nothing is bullet proof.

> > > c) If something like the Generated-by tag is used, and we trust it, then
> > >    if we do want to side against merging AI generated code, that's perhaps our
> > >    only chance at blocking that type of code. Its however not bullet proof.
> > 
> > Nothing is bullet proof.  ;-)
> 
> Agreed, and I think the legal concerns over AI code use are just as weak. I
> just don't see it holidng up long term.

That is quite possible.  But on what are you basing that legal opinion?

Also, even if you have a valid legal opinion that stands up long-term,
situations that prove to be just fine in the long term can be extremely
uncomfortable in the meantime.

> My expectations are that eventually foundation AI models will simply state they
> use permissively licensed code for training, and be done with these concerns.
> 
> Until then -- we just have wild speculations and I can't see any
> sensible case ending up in court wanting to avoid AI code in open source.

I don't know about open source, but they tell me that related cases are
already in court.  Yes, there was a recent decision that was favorable
to your position, which is great, but not necessarily either definitive
or final.

> > At the same time, I have no idea whether or not a Generated-by tag is
> > a good idea.
> 
> I do that to make it crystal clear for a project maintainer when I use it.

I understand and sympathize with your intent, but I do not have an
informed opinion on the risks in either direction.

							Thanx, Paul