Again, if the AI spits out “copyrighted code”, I’d suggest that the code in question is insufficiently creative to be copyrighted to begin with. Put another wa

Again, if the AI spits out “copyrighted code”, I’d suggest that the code in question is insufficiently creative to be copyrighted to begin with. Put another way, copyright only applies to creative expressions, not functional expressions. It does not matter how creative the idea is. If the work of authorship is software that embodies the function (and no other expression), it is not copyrightable. So where is the line between creative and functional expression in software? The law does not provide clear guidance. Ultimately, it’s up to a judge.