Doe v. GitHub (Copilot training data) and Andersen v. Stability (image gen) rest on nearly identical legal theories, so Panic's split — code assistant with disclosure, zero genAI for art/music — is a bet on which precedent lands first. NFT marketplaces already lost this fight: OpenSea quietly delisted thousands of AI-flooded collections through 2024 without publishing a coherent policy, because at marketplace scale "no genAI" becomes computationally undetectable. A 400x240 pixel storefront with human review might be one of the few venues small enough to enforce this.

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