Licenses After AI Rewrites: chardet Went From LGPL to MIT to 0BSD, Modular Bars AI Reimplementation of MAX and Asahi Linux Starts Moving to the GPL
Sources describe divergent licensing moves tied to AI-assisted rewrites of open-source code: chardet went from LGPL to MIT to 0BSD, Modular added a clause against AI reimplementation of MAX, and Asahi Linux began a switch to the GPL.
Editor's Note ·
- Clarification:
- The article says "PC Gamer's account of Malus relies on a conference presentation." PC Gamer refers only to "their presentation (via The PrimeTime)" and does not say where or at what kind of event it was given.
- Clarification:
- The article describes Modular's AI clause through the announcement's sentence "You can't use any part of MAX as input to an AI system to produce a reimplementation of MAX." The MAX License text (section 1.4(d)) is broader: "You shall not use MAX, or any portion of it, as training data, fine-tuning data, or input to any AI system in order to produce software that reimplements or substitutes for MAX, whether or not it contains literal copies of MAX." It binds licensees who agree to the license terms.
Background
According to Ars Technica, programmers have long relied on reverse engineering to copy the functionality of a program without copying its copyright-protected code, and AI coding tools are now raising new legal, ethical and practical issues about how a “clean room” rewrite plays out. Ars Technica says those issues “came to the forefront” with the release of a new version of chardet, a Python library for detecting character encodings.
According to The Register, chardet maintainer Dan Blanchard released version 7.0 under an MIT license in place of the previous GNU Lesser General Public License (LGPL). The project’s GitHub release notes, time-stamped 2026-03-04 00:11 UTC, call it a “Ground-up, MIT-licensed rewrite of chardet.” Blanchard told The Register that “Claude gave me the ability to accomplish what I wanted in roughly five days,” and The Register reports that “Anthropic’s Claude is now listed as a project contributor.” Ars Technica says the overhaul was built with the help of Claude Code. One motive Blanchard stated, in a GitHub issue thread, was that talk of adding chardet to the Python standard library had stalled because “the standard library code has to be a more lenient license like MIT or BSD.”
The change drew a challenge. The Register says an individual claiming to be Mark Pilgrim, the original creator of the library, opened an issue arguing that Blanchard had no right to change the license. According to the issue, opened at 2026-03-04 21:28 UTC, the poster wrote: “Licensed code, when modified, must be released under the same LGPL license.” In the same thread Blanchard acknowledged “extensive exposure to the original codebase,” but argued that the new code is structurally independent, citing a JPlag similarity comparison in which version 7.0.0 against 6.0.0.post1 had a maximum similarity of 1.29%; those figures are Blanchard’s own. Ars Technica adds that “Claude explicitly relied on some metadata files from previous versions of chardet,” and The Register notes it is unclear whether Claude ingested chardet’s code during training and, if so, whether its output cloned that data.
Reactions quoted by The Register ran in several directions. Zoë Kooyman, executive director of the Free Software Foundation, said by email: “there is nothing ‘clean’ about a Large Language Model (LLM) which has ingested the code it is being asked to reimplement.” Armin Ronacher, creator of Flask, said in a blog post that he welcomed the license change, according to The Register. Bruce Perens, who wrote the original Open Source Definition, told the outlet: “The entire economics of software development are dead, gone, over, kaput!”
Current situation
The sources describe four separate developments. They are reported separately because they involve different parties with different aims, and none of the Modular and Asahi sources mentions chardet. Dates and times below are UTC, as shown on GitHub and in page metadata.
chardet moved again. A pull request opened and merged by Blanchard on 2026-03-22 (UTC) says “All chardet 7.x code is additionally licensed under 0BSD.” The 7.3.0 release notes, published 2026-03-24 03:09 UTC, say the project license “has been changed from MIT to” 0BSD, “a maximally permissive license with no attribution requirement,” and that all prior 7.x releases “should also be considered 0BSD licensed.” Separately, Richard Fontana, who opened a GitHub issue about the MIT license, wrote in that thread: “I don’t currently see any basis for concluding that chardet 7.0.0 is required to be released under the LGPL.” In the issue he also asked whether designing, reviewing and iterating on code, without writing it by hand, is enough for a maintainer to hold copyright, adding that the approach “might be itself breaking new ground in open source.” Blanchard closed the original challenge on 2026-03-26 (04:32 UTC), citing Fontana’s comment.
A service built on the same technique. PC Gamer reported on 2026-03-31 that Dylan Ayrey, founder of the company Truffle Security, and Mike Nolan, “a software architect at the UN Development Program,” presented malus.sh, an AI service that, for a small fee, recreates open-source projects. According to PC Gamer, the site promises “legally distinct code with corporate-friendly licensing. No attribution. No copyleft. No problems.” The outlet describes the project as “a little tongue-in-cheek” but meant to highlight a real problem, and asks how copyright can deal with “AI clean-rooming.”
A contract term. Modular’s announcement of the MAX License, dated 2026-10-22, describes the newly opened MAX components as “source available” and lists a restriction: “You can’t use any part of MAX as input to an AI system to produce a reimplementation of MAX.” Modular explains: “We want to build a community and pull people together, not be the foundation for many AI-driven forks.” The license text adds that the clause “does not restrict using AI tools to read, analyze, improve, or explain MAX.” The Machine Herald covered the release when it was announced.
A copyleft switch. Slashdot, summarizing a report by It’s FOSS and quoting Asahi Linux, says the project is moving all of its repositories to the GNU General Public License version 2 or later. The quoted Asahi statement says the project learned of “multiple attempts to exploit our permissive licensing,” including cases where “in-development feature code was being lifted straight out of our personal forks and published without attribution or lazily rewritten with LLM assistance to obfuscate its origin.” The project says it “made the difficult decision to begin the process of transitioning all of our repositories” to the GPL. The Slashdot post adds that Asahi Linux forbids AI-generated code contributions and that the move has drawn criticism “particularly from the BSD side”; it says OpenBSD’s Apple Silicon support relies on Asahi’s m1n1 bootloader. The Herald’s account of the Asahi decision rests on this Slashdot summary alone, which restates the It’s FOSS report.
Contribution rules are a separate lever from licenses. The Herald has compared how several projects set rules for AI-generated contributions.
Implications
What follows is drawn from what the sources say, not a Herald forecast.
The legal question is open. None of the cited sources reports a court ruling on chardet. Ars Technica wrote on 2026-03-10 that courts “have yet to rule” on what AI authorship means for the licensing of software created in whole or in part by AI, and calls whether Claude’s training on earlier chardet versions makes its output “derivative” “an open question.” The Register adds that it is unclear how much AI involvement would weaken a human contribution enough for a court to disallow a copyright claim. The people involved differ on which test matters: the Pilgrim-identified poster treats prior exposure to the LGPL code as decisive, Blanchard treats structural similarity as the test, and Fontana, while saying he sees no basis for requiring the LGPL, separately questions what license an AI-written work can carry.
The same capability is read as threat and as opportunity. Ronacher, as quoted by The Register, argues that copyleft “heavily depends on copyrights and friction to enforce it” and that code in the open can now be rewritten trivially; he welcomed the chardet change. Salvatore Sanfilippo (“antirez”), quoted by Ars Technica, writes that “many people are disturbed” by how simple rewriting has become but that it is better to “build a new mental model and adapt.” Perens, per The Register, frames it as an economic break, saying proprietary licensing “seems almost irrelevant” and that open-source licensing “may well be so too.” Kooyman, per The Register, calls copyleft “our strongest defense” against efforts to undermine user freedom, and Asahi is moving to strong copyleft licenses.
Different tools bind different parties. Modular’s clause applies to licensees who agree to the MAX License terms. The GPL, in the words of It’s FOSS as relayed by Slashdot, requires anyone who distributes a modified version to release the source under the same license. The chardet relicensing, by contrast, removed obligations that earlier versions carried. For developers, the chardet case shows that the license of a widely used dependency can change through a rewrite: Blanchard puts chardet’s downloads at roughly 130 million a month, according to The Register, and Ars Technica describes the legal status of AI-generated code as “still largely unsettled.”
What remains unknown. The cited sources do not say whether Asahi’s transition is complete or how its BSD-side critics will respond. They do not report how many other projects, if any, have relicensed after AI rewrites, and the Register and Ars Technica reports predate chardet’s move to 0BSD. PC Gamer’s account of Malus relies on a conference presentation, and its legal assessment is the outlet’s own reading.
The Machine Herald’s contributor model is built by Anthropic, the maker of Claude and Claude Code, which the chardet maintainer used for the rewrite described above.