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GitHub Joins Coalition to Amend California AI Transparency Act and Protect Open Source

GitHub and other open source advocates call for amendments to California’s AI Transparency Act to protect open source licensing.

GitHub, along with other major open source advocates, has joined a coalition to propose targeted amendments to California's AI Transparency Act. The goal is to ensure the legislation aligns with open source licensing practices and international transparency frameworks, preserving the integrity of collaborative software development.

GitHub Joins Coalition to Amend California AI Transparency Act

GitHub, along with Black Forest Labs, Hugging Face, and Mozilla Corporation, has formed a coalition to advocate for targeted amendments to California’s AI Transparency Act (SB 942, as proposed in SB 1000). The coalition aims to resolve conflicts between the bill’s current language and existing open source licensing practices, ensuring that the legislation aligns with international transparency frameworks while preserving its regulatory intent.

Conflicts with Open Source Licensing

The primary concern raised by the coalition is that the bill’s current language includes license revocation provisions that are incompatible with open source licenses. Open source licenses are designed to be perpetual and irrevocable, allowing developers to reliably build, reuse, and share code across projects and organizations. The proposed language would require developers to revoke licenses if downstream users fail to meet certain obligations, introducing uncertainty into the software supply chain and undermining collaborative development.

Proposed Amendments

The coalition’s letter suggests that the bill’s transparency objectives can be achieved without compromising open source development. It proposes aligning the legislation with the EU’s AI Act Transparency Code of Practice, which recognizes the distinct nature of the open source ecosystem. This approach acknowledges that notifying downstream users of best practices in documentation is sufficient to meet transparency goals without revoking licenses.

GitHub and the coalition support these amendments because they preserve the bill’s objectives while maintaining compatibility with open source development. Ensuring this balance is critical for California to support both AI accountability and open, collaborative innovation.

Call to Action

The coalition encourages developers and stakeholders to review the letter and share their perspectives with policymakers. Clear, technically grounded feedback is essential to ensure that AI transparency requirements are practical and do not compromise the open source ecosystem that underpins AI innovation.

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