AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise at least three types of potential legal issues:

• Does training AI models using open source code constitute infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses?

• Does using the output of an AI code generator subject the developer to infringement claims?

• Does use of AI-generated code by developers creating a new software application require the application to be licensed under an open source license and its source code to be made available?