Insight for counsel · Software and IP
How to Test AI and Software Ownership Claims
An ownership assertion is not a technical finding. The analysis should identify the precise work at issue, reconstruct how it was created and determine whether repositories, prompts, workflows, licences and human contribution support the claim.
Written by Leonardus “Leo” Herps · Published 19 October 2026
Define the claimed asset
- Source code, model, dataset, prompt, workflow or generated output
- The version and date relevant to the dispute
- The alleged author, employer, contractor or system contribution
- The rights claimed and the act alleged to infringe them
Evidence to examine
- Repositories, commits, branches and access history
- Build artifacts, deployment records and product requirements
- Prompts, model settings, output history and human revisions
- Dependency manifests, package locks and open-source licences
- Contracts, assignments and contributor records
- Technical comparison and reproducibility testing
Open source is not an afterthought
A product can contain protectable original work while also incorporating components governed by separate licences. The analysis must identify the dependency, version, licence, distribution model and actual use before drawing conclusions about obligations or ownership.
How Leo can help
Leo deliberately combined his two passions in his Maastricht University law thesis on intellectual property and open-source software. That legal foundation sits alongside more than 35 years of coding, software, infrastructure and technology-business experience, allowing him to test both the technical creation record and the legal-technical assumptions behind the claim.
Public sources
Engagement-specific evidence is reviewed under appropriate confidentiality and scope controls.
For counsel
Discuss the technical record.
Engagements are subject to conflicts and scope review. Initial enquiries are treated as confidential.
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