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Comment by WaitWaitWha | original | All AI-generated code should be Open Source
[−]WaitWaitWha · 2026-11-15 Sun 16:24 UTC · link
They will just claim the code is trade secret and use Defend Trade Secrets Act (DTSA).

And, the DTSA has only two reqs:

derive independent economic value from not being generally known or readily ascertainable by others, and the "owner" takes reasonable measures to maintain their secrecy (e.g., coke secret sauce).

since trade secret law does not prevent independent development or lawful reverse engineering, there are still opportunities. also, if a someone independently devs the same functionality, trade secret generally does not give them original dev ownership of that functionality. so, win.

Artcraft will be a good test case if Adobe goes after Brandon Thomas.

Much to be developed.

(and, this is why we keep extensive commit and development records outside of our genAI - ie provenance tracking)

[−]mr_toad · 2026-11-15 Sun 17:21 UTC · link
Unless you only use the code in-house and never distribute I don’t see how you could argue that it’s a secret?