Solving Open Source Problems With AI Code Generators – Legal Issues And Solutions, Part 1

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Sheppard Mullin Richter & Hampton

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Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
AI-based code generators are a powerful application of generative AI.
United States Technology
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AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise at least three types of potential legal issues:

Does training AI models using open source code constitutes infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses?

Does using the output of an AI code generator subject the developer to infringement claims?

Does use of AI-generated code by developers creating a new software application require the application to be licensed under an open source license and its source code to be made available?

This article will address these legal issues and discuss some practical solutions to abate these problems. Part 1 of the article covers the legal issues. Part 2 will cover solutions.

Click here for Part 1.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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