Kevin Bankston(@KevinBankston):I’d be curious to understand what IP is being stolen? According to your (C) office, LLM outputs aren’t copyrightable, and courts have long held reverse engineering to be a fair use; trade secret is a stretch since the company’s model is directly disclosing the info. Easy to say “IP theft!” Harder to articulate a plausible legal theory, which I presume is why OSTP’s memo on this issue didn’t include one.

Kevin Bankston

@KevinBankston

Writing about AI and media at Senior Advisor on AI Governance @CenDemTech. Teaching AI & copyright law @GeorgetownLaw. My opinions.

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Kevin Bankston@KevinBankston

2026.07.22 17:10

I’d be curious to understand what IP is being stolen? According to your (C) office, LLM outputs aren’t copyrightable, and courts have long held reverse engineering to be a fair use; trade secret is a stretch since the company’s model is directly disclosing the info. Easy to say “IP theft!” Harder to articulate a plausible legal theory, which I presume is why OSTP’s memo on this issue didn’t include one.

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