Unless you’ve been living under an old woodpile in your backyard, you have certainly seen how agentic coding is rocking the software development world. Things are happening fast and furious, and keeping up is practically a full-time job. 

The latest area that is catching the attention of developers is how agentic coding is affecting the open source community. The open source movement has been defending the rights of folks to use, change, and contribute to software for many years. And of course, agentic coding is starting to become part of that process.

On the one hand, maintainers of open source projects rightfully are frustrated as they become overwhelmed with pull requests of dubious quality and usefulness being submitted by coding agents. On the other hand, as David Heinemeier Hansson notes, maintainers are starting to get a little snooty about accepting AI-written code, viewing it as somehow not worthy of being included. Some organizations have explicitly banned AI-generated submissions.

I get that they don’t want AI slop overwhelming their input queues. But I think it is a huge mistake to ban AI-written code outright.

Whose code?

Before I dig deeper into that notion, it’s important to look at another issue that arises from all of this: Who actually owns the code that AI writes? 

Copyright requires that a human produce the thing being copyrighted. If you prompt Claude Code with “Write me a CMS system” and then Claude writes you a CMS system that you check into a public GitHub repository unchanged, it’s not quite clear if that code is protected by copyright. However, if you prompt Claude Code with a specification and guidelines and then you work with Claude to refine the initial result, reviewing the code and making changes as part of an iterative process, then it could be argued that a human did produce that code. But it is not at all clear-cut legally. (Please note that I am not a lawyer.)

The current thinking is that the result of accepting verbatim the output of a simple prompt is not copyrightable, and that no one actually owns the code — an interesting notion in and of itself. 

But then the ethical question comes into play. If I find a bug in an open source project, I ask GitHub Copilot to fix it, and Copilot writes a clever and effective fix, then who cares who owns the code? Should a maintainer of the project reject such a pull request just because it was AI-generated? That seems silly to me, yet it is happening today. 

Our code

There is, too, the issue of license compliance for AI-generated code. As a general rule, LLMs generate code rather than copying it. They don’t copy and paste code directly from repositories. However, there have been cases where AI-produced code has resembled open source code so closely that the claim could be made that it is a copy. If this happens with GPL code, it could be a violation of the license to use it without the receiving code base being “infected.” Open source maintainers naturally should be concerned about this happening.

In the end, an open source maintainer should care about the quality and license compliance of submissions, not how those submissions were derived. Gatekeeping based on the source of code doesn’t seem like a good path towards project success. Good code is good code, no matter where it comes from.

Agentic coding is here, and the open source community needs to realize — and embrace — that inevitability.