The code is not eligible for copyright. If they do not give you a copy of the source code, that does not matter. And if you don't know which parts were generated by LLM, you can't safely reuse the code.
> And if you don't know which parts were generated by LLM, you can't safely reuse the code.
I speculate this could be a real issue in future copyright infringement lawsuits.
The plaintiff bears the burden of proving that the code they claim is copyrighted by them actually is copyright. If it is known that large parts of it were generated by LLM, they’d need evidence to demonstrate sufficient human input to establish copyrightability. If they’ve kept highly detailed traces of the development process, that could be rather straightforward; if they haven’t, it could be really difficult.
Now, that’s true in the US, which never accepted mere “sweat of the brow” as a basis for copyright; the UK courts have, and most of the Anglosphere follows the UK on this more than the US.
The other factor: when dealing with an (almost) trillion dollar corporation, even if you’ll win the legal argument, they may bankrupt you with legal fees before the argument is ever properly heard.
But I suspect the precedents on this topic are going to be established by lawsuits involving far smaller actors.
(IANAL and I speculate only for myself, not any present, past or future employers.)
> And if you don't know which parts were generated by LLM, you can't safely reuse the code.
I speculate this could be a real issue in future copyright infringement lawsuits.
The plaintiff bears the burden of proving that the code they claim is copyrighted by them actually is copyright. If it is known that large parts of it were generated by LLM, they’d need evidence to demonstrate sufficient human input to establish copyrightability. If they’ve kept highly detailed traces of the development process, that could be rather straightforward; if they haven’t, it could be really difficult.
Now, that’s true in the US, which never accepted mere “sweat of the brow” as a basis for copyright; the UK courts have, and most of the Anglosphere follows the UK on this more than the US.
The other factor: when dealing with an (almost) trillion dollar corporation, even if you’ll win the legal argument, they may bankrupt you with legal fees before the argument is ever properly heard.
But I suspect the precedents on this topic are going to be established by lawsuits involving far smaller actors.
(IANAL and I speculate only for myself, not any present, past or future employers.)