AI Code Generation Challenges Copyright's Expression-Only Protection

Legal scholars and technologists are raising concerns that AI code generation exploits a fundamental gap in copyright law, which protects specific expression rather than underlying ideas or functionality. Critics argue that large language models can replicate proprietary software behavior using sufficiently different code syntax, effectively functioning as legal laundering mechanisms for intellectual property. This capability challenges the traditional distinction between unprotectable ideas and protectable expression established in software copyright jurisprudence. While no court has yet ruled on whether AI-generated functional equivalents constitute infringement, the technical capacity to separate function from form exists today. Industry stakeholders warn this could devalue software copyrights if courts maintain strict adherence to expression-only protection standards. Legal experts suggest legislative or judicial clarification may be necessary to address whether functional replication via AI should receive different treatment than human-authored derivative works under existing copyright doctrine.