It could be legislated of course. But the difference is pretty drastic. Almost nobody is creating binaries without a compiler. It is a mechanical process, but essentially everyone uses the same mechanical processes to generate binaries. I haven't looked at this issue in a while but I think compiled binaries are treated in a way similar to that of recorded music. For example, the particular bit patterns from a synthesizer might be generated from sheet music, and that is akin to code vs. binaries. But the bit patterns are copyrightable only so far as they are equivalent to or the direct manifestation of a creative work.
There are other problems with releasing model weights under the GPL. It just doesn't fit, in the same way as releasing non-software under the GPL doesn't make sense.
Calling the output of generative AI copyrightable violates the spirit of copyright, as it is neither creative nor labor-intensive. We could quibble about that, but I think we can at least agree that the point is that this generative AI stuff requires very little skill to use in most cases and can't operate without prior art to train on. Other lame stuff has been copyrighted before, like paint splatters and stuff, but even that type of art appears to involve more skill than entering a few words into a generative AI.
There are other problems with releasing model weights under the GPL. It just doesn't fit, in the same way as releasing non-software under the GPL doesn't make sense.
Calling the output of generative AI copyrightable violates the spirit of copyright, as it is neither creative nor labor-intensive. We could quibble about that, but I think we can at least agree that the point is that this generative AI stuff requires very little skill to use in most cases and can't operate without prior art to train on. Other lame stuff has been copyrighted before, like paint splatters and stuff, but even that type of art appears to involve more skill than entering a few words into a generative AI.