I'm not saying we should regulate the software, I'm saying we need some rigorous method of ensuring that using the AI tools doesn't put you in jeopardy of accidental copyright infringement.

We most likely don't need new laws, because infringement is infringement and how you made the infringing work is irrelevant. Accidental infringement is already illegal in the US.

i would argue that we _do_ need new laws. AI generated code is so quite different from any other literary works - after all, it was not created by a human.

My own personal opinion is that the AI generated code (or pictures in the case of the article) should be under a new category of literary works, such that it does not receive copyright protection, but also does not violate existing copyright.

This is meaningless though. The majority of AI generated art you see out there is either hand tweaked or post-processed or both. There's human input involved and drawing a line is going to absolutely backfire.

if you presented both the generated image and the "original" to a jury of peers (or even a panel of experts in the field), they would be able to make a determination as to whether the generated image violated the copyright of the presented "original".

Humans tweaking the image is immaterial to this determination - if the human tweaked it so that it no longer seem to violate copyright, then that said panel would also make the same determination.

You are arguing that AI generated means no copyright protection. So you can't tweak it to "not violate copyright" because their literally isn't any.

Of course you have no way to prove whether any image was or was not generated by AI so welcome to a new scam for law firms to aggressively sue artists claiming they suspect AI was used in their works.

The vast majority of paintings weren't created by a human either, but by a paintbrush. We should really ban those too. Just think of all the poor finger-painters who've been put out of a job!

I think it's worth pointing out that Adobe has been doing this for a long time. You can't open or paste images into Photoshop which resemble any major currency.