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Top EU Court’s Advisor Explains Why Video Game Cheats Are Not Copyright Infringement
(www.techdirt.com)
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I don't see how this wouldn't be derivative work. I highly doubt a robust, commercial software solution using AI-generated code would not have modified that code. I use AI to generate boilerplate code for my side projects, and it's exceedingly rare that its product is 100% correct. Since that generated code is not copyrightable, it's public domain, and now I'm creating a derived work from it, so that derived work is mine.
As AI gets better at generating code and we can directly use it without modification, this may become an issue. Or maybe not. Maybe once the AI is that good, you no longer have software companies, since you can just generate the code you need, so software development as a business becomes obsolete, like the old human profession of "computer."