In the first article of this two-part analysis, we looked at who owns the code created by AI chatbots like ChatGPT and explored the legal implications of using AI-generated code.
Part I: Who owns the code? If ChatGPT’s AI helps write your app, does it still belong to you?
Now, we’ll discuss issues of liability and exposure.
Functional liability
To frame this discussion, I turn to attorney and long-time Internet Press Guild member Richard Santalesa. With his tech journalism background, Santalesa understands this stuff from both a legal and a tech perspective. (He’s a founding member of the SmartEdgeLaw Group.)
“Until cases grind through the courts to definitively answer this question, the legal implications of AI-generated code are the same as with human-created code,” he advises.
Keep in mind, he continues, that code generated by humans is far from error-free. There will never be a service level agreement warranting that code is perfect or …