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The Linux Kernel Will Soon Be MIT-Licensed and Copyleft Will Be Dead Within 5 Years

AI Killing GNU

The GNU Public License is popular with many developers, but it’s lost a lot of its momentum over the years.  Commercial developers hate it, because it imposes complexity into license management.  The “GPL virus” is a bit exaggerated, but the reality is that the moment you include some GPL code, you’ve got to have a link where people can download the source.  I mean, my car has an option to read the GPL on my dashboard.

If I’m a company developing software, who needs that headache?  Particularly in a litigious society.  There may be societal benefits to copyleft code – that is the Free Software Foundation’s argument – but there is zero benefit to a commercial software publisher or distributor.

I also think the rise of GitHub has played a role.  When you go to choose a license for your repository, several options are chosen.  If you look them over, the MIT license is certainly far easier to understand than the GPL.

In prior years, GPL-licensed software was so common that companies almost had to include it.  This is changing rapidly.

First, the Gnu Compiler Collection (gcc) has been eclipsed by LLVM/Clang for many tasks, and it has industry heavyweights behind it.  The common toolchain used to create software no longer has the big flagship project that was gcc.  Richard Stallman has called this a “terrible setback“.

Second, there is an ongoing effort to rewrite many core Linux utilities in Rust, in the name of security.  These utilities are MIT-licensed, not GPL licensed.  There is a compelling reason (security) for distributions to adopt these tools, and they have.  You can expect that from here on out, GPL packages will be replaced by MIT-licensed ones in Linux distros.

In both cases, non-GPL licenses are being chosen.  As the universe of GPL software shrinks, it has a snowball effect.  The GPL becomes less visible, and the network effect of the GPL is diminished with every migrated project.  If the Linux project is mostly GPL-license software, the next developer will license with the GPL.  But what happens in the future when only the kernel is GPL-licensed?  The kernel has too many contributors, of course, to relicense but…

…actually, hold that thought.

Recently there was a kerfuffle about the chardet project.  chardet is a Python module (and a very popular one, with 170 million downloads), which has been licensed under the GPL.  A different developer was hoping to include it in the Python standard distribution, and decided to reimplement it.

With AI.

And did so in 5 days.

From start to finish, a complete clean room implementation was done.  The original developer is raising holy hell, but it’s hard to see how they have a case to stand on.  Every file is different.  Automated plagiarism checks report only 1.3% in common code (and you’ll always have some common boilerplate in software).

In a true “clean room” implementation, you isolate some people from any access to existing source code, and you tell them to write a similar program.  You can never truly do that with open source software, because it’s ubiquitously accessible.  But if you examine the source code and compare new vs. old, it’s clear if someone was just mechanically copying things and doing some light variable-renaming.

Here, the reimplementation looks very clean.  Different code, different algorithms, and better performance.

This was done using Claude.  Now…how long before other GPL projects are replaced?

Imagine you’re a company and you want to use some GPL software.  Do you really want to inject that licensing headache into your project, or do you want to have an engineer spending a week reimplementing it with AI assistance?  I know which I’d choose.

Fast forward a couple years…how long before the Linux kernel itself is rewritten?  Maybe there’s still the “official” kernel that is GPL-licensed, but there could be a shadow kernel that is MIT-licensed which tracks it.  If reimplementing software becomes cheap and easy, commercial entities and developers who don’t like the GPL will swiftly replace it.

Copyleft was an intriguing idea.  Emphasis on the verb.  Given the pace of AI advancement, can it have more than a few years left to live?

5 Comments

  1. naija games's avatar

    Really interesting insights! AI reimplementing GPL projects in days could reshape how developers choose licenses. Permissive licenses like MIT may dominate soon.
    For anyone tracking tech trends and practical applications of AI in software, communities like Naija.games are great for staying updated and discussing these shifts.

    March 8, 2026 @ 2:18 pm | Reply
  2. Nobody's avatar
    Nobody:

    Rewriting GPL code using an LLM into a more permissive license is a clear violation of the terms of the license… not that anyone cares anymore about copyright law and licenses these days.

    This train of thought is one step removed from corporations dispensing with the idea of permissive licenses entirely. Why bother distributing code under MIT when we can use an LLM to further launder it into something they can sell?

    March 8, 2026 @ 2:56 pm | Reply
  3. Ashwin Dixit's avatar

    This seems to be a FUD piece sponsored by closed source software vendors.

    The future we are heading towards is one where “commercial software” itself is obviated.

    The “software business” is not a thing in the future. This upsets today’s tech bros.

    The GPL is not going anywhere. Eventually we will get to a world that runs on Open Source software, which is the shared infrastructure of the world, provided by those who love to program, not by those greedy for money. Software will be ubiquitously free, free to use, study, modify, and share. The gift culture of hackers will prevail.

    At that point, “intellectual property” itself will become an oxymoron. Software licenses will therefore be meaningless, GPL, MIT, Apache, whatever!

    People will chuckle at anyone who says, “Pssst. I have a program you can use, and I won’t show you the source code, and I want you to pay me to use it, and it has a license that determines how you may use it.” Such greed mongering fools will be laughed out of town.

    Nobody wants to pay for canisters of premium air, when air is free to breathe, like software.

    March 8, 2026 @ 5:45 pm | Reply
  4. Nope's avatar
    Nope:

    How is this a clean room implementation? The bot was surly trained on the data and the one driving the bot has familiarity with the project. Using something like Claude you have no way to do a clean room implementation. This at the best appears to be license laundering using Claude and should be quickly struck down in court

    March 9, 2026 @ 10:49 am | Reply
  5. Jeff Hawkins's avatar

    There are many legal positions under which this would be a clear violation of the license. One not discussed much is that an AI recreation is completely equivalent to a foreign language translation of a book. You’ve used different words, but are still telling the same story. That’s does not remove your obligations to the original author.

    It is also clearly an extension / revision of the same code… If you drop a bunch of code into a system and tell it to recreate it, you are still starting with the original code and creating a modification of it. The fact that you delete or don’t include your starting point does not mean that starting point was not used to create a derivative work from it.

    March 9, 2026 @ 12:10 pm | Reply

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