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> If it turns out you can't copyright code that was generated with the help of LLMs a whole bunch of $billion+ companies are going to have to throw away 18+ months of their work.

Hmm, it is interesting to think about that situation. Intuitively it would seem to me like there's some nuance between whether work would need to be "thrown out" or whether it just can't be sold as their own creation, marking some kind of divide between code produced and used privately for commercial purposes vs code that is produced and sold/provided publicly as a commercial product. The risk in doing the latter, or entirely throwing out the code, seems like it would be a relatively cheap risk that those companies do anyway all the time.

However, if I as a small business owner made a tool to help other businesses based on LLM code that used some of my own prior work for context, then sold the code itself as a product or sold a product with it as a dependency, it would be a much greater liability for me if it turned out to include copyrighted && unlicensed work that was produced by an LLM that further can't be claimed as my own.

Privately, on servers or in internal tooling not sold commercially, it would perhaps be next to impossible to either identify or enforce those limits. Without explicit attribution to an agent, I have no idea (with certainty anyway) which code anyone on my team has produced with an LLM, and it's not available publicly—aside from pure frontend web stuff—so I wonder in what capacity it would even be possible to throw specific chunks out if it was hypothetically enforceable.





Indeed, the risk would be you try to sue another company for copyright infringement, and in discovery it comes out you generated that code.



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