The lack thereof (of human use). Prompts are not copyrightable thus the output also - not. Besides retelling a story is fair use, right? Otherwise we should ban all generative AI and prepare for Dune/Foundation future. But we not there, and we perhaps never going to be.
So the LLM training first needs to be settled, then we talk whether retelling a whole software package infringes anyone's right. And even if it does, there are no laws in place to chase it.
> Prompts are not copyrightable
Surely that varies on a case by case basis? With agentic coding the instructions fed in are often incredibly detailed.
In practice the output of the LLM does not tell what the prompt was, and the output varies randomly, so it is unlikely you would be sued for copying the prompt. And in fact you would not know what the prompt, if any, was for the original unless you copied the prompt from somewhere.
> Besides retelling a story is fair use, right?
Actually, most of the time, it is not.