Bloomberg Law Publishes Article by Dave Kappos and Sasha Rosenthal‑Larrea on Best Practices for Using Generative Coding

On November 28, 2023, Bloomberg Law published an article written by Cravath partners David J. Kappos and Sasha Rosenthal-Larrea and associates Leslie Liu and Daniel M. Barabander entitled “Best Practices Guide on Using Generative Coding.” The article serves as a guide for companies interested in using generative coding, a subset of generative AI that programmers can utilize to update or generate code. The piece outlines the legal risks associated with generative coding, including the risk of liability for generated code that infringes existing code and the risk that generated code may not be eligible for copyright protection, and provides targeted recommendations for how to mitigate these risks, including carefully documenting and organizing information about generative coding usage, paying close attention to the terms of generative coding providers’ user agreements and ensuring that employees are trained on best practices.

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