Open Shouldn't Mean Exempt: Open-Source Exceptionalism and Generative AI

Any argument that open-source generative artificial intelligence (GenAI) is inherently ethical or legal solely because it is open source is flawed. Yet, this is the explicit or implicit stance of several open-source GenAI entities. This paper critically examines prevalent justifications for "open-source exceptionalism," demonstrating how contemporary open-source GenAI often inadvertently facilitates unlawful conduct and environmental degradation without genuinely disrupting established oligopolies. Furthermore, the paper exposes the unsubstantiated and strategic deployment of "democratization" and "innovation" rhetoric to advocate for regulatory exemptions not afforded to proprietary systems.