If copyright is extended to cover such cases we'll have to become all lawyers and do nothing but sue each other because the fuzziness of it will make it impossible to reject any case, no matter how frivolous or irrelevant.
But, yeah. More than likely this case is a simple account termination and some kind of "you can't call your clone 'openviktor'" letter.
https://www.morganlewis.com/pubs/2026/03/us-supreme-court-de...
As an example, a photo taken from a digital camera can be subject to copyright because of the creative element involved in composing and taking the photo. Likewise, source code generated by an LLM under the guidance of a human author is likely to be subject to the human authors copyright.
Sure, but the aim of that creative element would also be a consideration I'd think (and lawyers will argue). If someone sets up a camera on a 360° rotating arm and leaves it to take pictures at random intervals, it's unlikely to be considered "creative" from a copyright perspective.
Same for source code generated by an LLM, with the primary guidance of the human author being to "create a copy of this existing thing that I got", vs "create a thing that solves this problem in a way that I came up with". The former is recreating something that already exists, using detailed knowledge of that thing to shape the output. The latter is creating something that may or may not exist, using desire/need and imagination to shape the output. And I can't see reason for the former to be copyrightable.
But also, in either case, an ultimate objective was achieved: liberating the thing from its "owners" and initial copyright.
Anyways, however you put this, I see this as a property theft and taking pride at open sourcing does not justify it.
Let's call it what it is - stolen IP and released without permission of the author. Sure, it's good that it opens the debate as to whether that's ethical given that's essentially what the model itself is doing, but it's very clear in this instance that he's just asked for and been given a copy of source that has a clear ownership. That's about as clear cut as obtaining e.g. commercial server-side code and distributing it in contravention of the licence.
That said, the article says "Okay, prompts, great. Are they any interesting? Surprisingly... yes. As an example workflow_discovery contains a full 6-phase recipe for mining business processes out of Slack conversations, something that definitely required time and experiments to tune. It's hardcoded business logic, but in prompt instead of code."
So the article author clearly knows this prompt would be copyrighted as it wasn't output from an AI, and recognises that there would have been substantial work involved in creating it.
I certainly think the whole idea of IP ownership as related to software will become very interesting from a legal standpoint in the coming years. Personally I think that, over time, the legal challenges will become pretty overwhelming and a sort of legal bankruptcy will be declared at some point in one direction or another (as in, allowing this to happen or making it extremely easy to bring judgement and punishment, similar to spam laws). However, I would not want to be the first to find out, especially in Europe.