No, your claim is "LLM generated code is not copyrighted." His claim is "LLM generated code is eligible for copyright."

No, that’s not what they are saying. They’re saying that the code generated by a human with help from an LLM may potentially be. This is what I hope we are going to arrive at, eventually.

My understanding (belief) is that it's going to depend on how much human involvement is there.

If you write a prompt and one-shot a problem and share the source code, that source code is probably not covered by copyright.

If you substantially edit or modify the generated code you would own the copyright.

It's like with a camera. If I set a camera and carefully aim it and somehow trigger the shutter then make adjustments in Photoshop, I own the copyright on that image.

If I stick a Flock camera on a pole somewhere and post the live output, there's been no meaningful human creative involvement in producing those images and so nobody can claim copyright on them.

For those wondering what the difference is: consider what happens when an LLM regurgitates its training data. It's copyrighted... but not by the person who generated it.