Copyrightability of AI generated code

Forum User forumuser at example.com
Tue Feb 3 23:01:08 UTC 2026


On Tuesday, 3 February 2026 at 17:44:03 UTC, Walter Bright wrote:
> Since AI generated code is what people do these days, I did 
> some research on this, and came up with:
>
> https://www.copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-2-Copyrightability-Report.pdf
>
> See page 8, which says in part:
>
> "Copyright does not extend to purely AI-generated material, or 
> material where there is insufficient human control over the 
> expressive elements."

On the other hand AIs are said to having been trained on 
proprietary
material. Fragments of the learned codebases may reappear in
AI-generated code. This poses a risk. Every "vibe coder" should be
aware of this.

AFAICS though there is no ruling regarding software yet, there has
recently been a decision in the field of music lyrics in Germany.
Google's AI says:

"The Munich District Court largely granted the claims asserted by 
GEMA. OpenAI was ordered to cease further use, to provide 
information about the extent of previous use, and to pay damages. 
The decision is not yet final. OpenAI can appeal."

http://www.google.com/search?q=GEMA+vs+openai+victory+in+english


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