Thaler v. Perlmutter said that an AI system cannot be listed as the sole author of a work - copyright requires a human author.

US Copyright Office guidance in 2023 said work created with the help of AI can be registered as long as there is "sufficient human creative input". I don't believe that has ever been qualified with respect to code, but my instinct is that the way most people use coding agents (especially for something like kernel development) would qualify.

Interesting. That seems to suggest that one would need to retain the prompts in order to pursue copyright claims if a defendant can cast enough doubt on human authorship.

Though I guess such a suit is unlikely if the defendant could just AI wash the work in the first place.