Depends? Honestly if you just cleaned Claude's memory (or had 2 distinct instances that can't communicate other than the spec), claude could do both.
But honestly this is going to have to be tested in court. Also, IANAL.
But honestly this is going to have to be tested in court. Also, IANAL.
Interesting legal question: if Claude reverse engineers the original and writes a spec, and ChatGPT implements the spec without seeing the original, is that a clean-room implementation? Asking for a friend with a trillion parameters