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Re:Google receives patent for attention-based sequence trans... by kazinator on Tuesday May 09, 2023 @05:49PM (#35880832)
Code is a specific expression covered by copyright, not an incredibly broad claim that covers everything from toasters to spacecraft.

If the code's algorithm is patented, you cannot get around the patent by using different function and variable names and perturbing the code organization.

Re:Google receives patent for attention-based sequence trans... by mort96 on Wednesday May 10, 2023 @02:51AM (#35884439)
Worth noting that you can't just get around a piece of code's copyright by using different function and variable names and perturbing the organisation either. At least not if you're a human.

I bet you're correct and we wont be able to use ML models to strip code of its patents the way we use them to strip code of its copyright protection. But I wouldn't have expected the copyright stripping trick to work either, yet here we are.

Re:Google receives patent for attention-based sequence trans... by kazinator on Thursday May 11, 2023 @09:12AM (#35901533)
> you can't just get around a piece of code's copyright by using different function and variable names and perturbing the organisation either.

Such changes can thwart the very suspicion that it's a derived work, and failing that, thwart the proof. In a case where the piece of logic is small, and there are only four ways of writing it, modulo naming, nobody can prove infringement unless they have some hard evidence, like security camera footage of you starting with the original and editing it.

Any bit string can be turned into into any other by a series of small edits that insert or delete a single bit, so any bit string could be suspected of being a derived work of any other.

Copyright infringement that is not provable is not real.

Re:Google receives patent for attention-based sequence trans... by kazinator on Thursday May 11, 2023 @07:20PM (#35909679)
You can't legally get around copyright with technicalities, because any bit string can be derived from any other bit string by a sequence of one bit edits, and according to the legal doctrine, if we start with a copyrighted work, each such edit is creates a derived work.

You can disguise borrowed code such that, in the first place, nobody will suspect that it's derived from anything, and even then, they won't have evidence that it's derived.

Changing a few names and superficial organization details, on a large and significant work, will likely not fool anyone.

If it's a small module or just one function, quite probably easily so. You don't even have to understand how the code works; if you just know the paper from where the original author got the code, you can just say you implemented the detailed requirements there and validated it on the available test vectors.