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...And then in that same case APIs were given broad fair-use protections. Re-implementing the API is not, in and of itself, the problem. At least, that's my understanding. I'm not a lawyer. Here's @lu.is's take (🧵), since he actually knows what he's talking about.

Sigh, I finally need to write up why this is delusional. TLDR: if you're rewriting the implementation of an API, with an honest-to-god cleanroom (which LLMs are not) *and* a decidedly different underpinning *and* have a good-faith reason to do it, then reuse of the API is probably fair use.

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