[marcus_holmes]

Good questions.

My take on the answers (I am not a lawyer):

1. You copy their code. They bring a copyright claim (let's assume this isn't a DMCA thing and they're actually bringing a claim to court). Your defence is "the LLM wrote it so no copyright attaches". Since they're asserting their copyright claim, they would have to provide evidence for that claim (same as in any other copyright case), including providing evidence that a human wrote it (which is new, and required to defeat your defence).

2. They copy your code. You bring a copyright case. Their defence is "I used an LLM to wash the code without copying". Since they're not disputing your copyright claim to the original code, you don't have to defend or prove your copyright. But you do have to prove that their code infringes on your copyright, which would mean proving that the LLM copied your code when creating the new code. This has been done before by demonstrating similarity.