That is exactly the gap the piece is aimed at. The M&A conversation is where this becomes concrete very fast, and most founders shipping AI-assisted code have not had it yet.
replyEh, it does and it doesn't. PE investors actively are asking why more of the portfolio companies aren't generating codebases using Claude Code. You are right that lawyers are asking about code generated by LLMs but this is more of a CYA out of ignorance more than anything else (btw - many purchase agreements have funny representations like "your code is free of bugs" which is downright hilarious).
replySo these two things are squarely at odds with eachother...meaning, I don't know any PE acquirers who are actively terminating deals because the target acquisition's code is generating by an LLM even if the lawyers try to get a rep about it in the purchase agreement.
For the record, I still have yet to have an M&A lawyer explain to me unilaterally that AI generated code is an infringement...hence the question "who owns the code Claude Code writes" is still open.
The tension you are describing is real and the piece does not capture it well enough. PE acquirers pushing portfolio companies toward Claude Code while their lawyers are adding AI code reps to purchase agreements is exactly the gap that will produce the first painful deal. The rep usually survives unsigned because neither side has done the analysis. When the first deal falls apart or a rep is breached post-close because of GPL contamination in an AI-assisted codebase, that will set the market standard faster than any court ruling.
reply> When the first deal falls apart or a rep is breached post-close because of GPL contamination in an AI-assisted codebase, that will set the market standard faster than any court ruling.
replyAssuming it ever does...first, GPL is hardly enforced and second, I feel like there is going to be enough money (e.g. Anthropic's own code it uses for the harness) that pushes back against it being problematic. We'll see.