The (other) problem with automatic conversion of free software to proprietary software
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2026/04/23/poison-pill/#kobayashied
Here's an interesting stunt: a project called Malus.sh will take your money, and in exchange, it will ingest any free/open source code you want, refactor that code using an LLM, and spit out a "clean room" version that is freed from all the obligations imposed by the original project's software license:
https://www.404media.co/this-ai-tool-rips-off-open-source-software-without-violating-copyright/?ref=daily-stories-newsletter
Malus was co-created by Mike Nolan, who "researches the political economy of open source software and currently works for the United Nations." Nolan told 404 Media's Emanuel Maiberg that he shipped Malus as a real, live-fire business that will exchange money for an AI service that destroys the commons as a way to alert the free software movement to a serious danger.
As Maiberg writes, Malus relies on a legal precedent set in 1982, in which IBM brought a copyright suit against a small upstart called Columbia Data Products for reverse-engineering an IBM software product. IBM's argument was that Columbia must have copied its code – the copyrightable part of a work of software – in order to reimplement the functionality of that code. Functions aren't copyrightable: copyright protects creative expressions, not the ideas that inspire those expressions. The idea of a computer program that performs a certain algorithm is not copyrightable, but the code that turns that idea into a computer program is copyrightable.
Columbia's successful defense against IBM involved using a "clean room" in which two isolated teams collaborated on the reimplementation. The first team examined the IBM program and wrote a specification for another program that would replicate its functionality. The second team received the specification and turned it into a computer program. The first team did handle IBM software, but they did not create a new work of software. The second team did create a new work of software, but they never handled any IBM code.
This is the model for Malus: it pairs two LLMs, the first of which analyzes a free software program and prepares a specification for a program that performs the identical function. The second program receives that specification and writes a new program.
The Malus FAQ performs a "be as evil as possible" explanation for the purpose of this exercise:
Our proprietary AI robots independently recreate any open source project from scratch. The result? Legally distinct code with corporate-friendly licensing. No attribution. No copyleft. No problems.
This business about "attribution" and "copyleft" is a reference to the terms imposed by some free software licenses. The purpose of free software is to create a commons of user-inspectable, user-modifiable software that anyone can use, improve, and distribute. To achieve this, many free software licenses impose obligations on the people who distribute their code: you are allowed to take the code, improve the code, give it away or sell it, but you have to let other people do the same.
Typically, you have to inform people when there's free software in a package you've distributed (attribution) and supply them with the "source code" (the part that humans read and write, which is then "compiled" into code that a computer can use) on demand, so they can make their own changes. This system of requiring other people to share the things they make out of the code you share with them is sometimes called "copyleft," because it uses copyright, which is normally a system for restricting re-use to require people not to restrict that use.
Companies love to use free software, but they don't like to share free software. Companies like Vizio raid the commons for software that is collectively created and maintained, then simply refuse to live up to their end of the bargain, violating the license terms and (incorrectly) assuming no one will sue them:
https://pluralistic.net/2021/10/20/vizio-vs-the-world/#dumbcast
Malus's promise, then, is that you can pay them to create fully functional reimplementations of any free/open source software package that your company can treat as proprietary, without any obligations to the commons. You won't even have to attribute the original software project that you knocked off!
This is the risk that Nolan and his partner are trying to awaken the free/open source community to: that our commons is about to be raided by selfish monsters who serve as gut-flora for the immortal colony organisms we call "limited liability corporations," who will steal everything we've built and destroy the social contract we live by.
This is a real problem, but not because of AI. We already have this situation, and it's really bad. Most of the foundational free software projects were created under older licenses that did not contemplate cloud computing and software as a service. The "copyleft" obligations of these licenses are triggered by the distribution of the software – that is, when I send you a copy of the code.











