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> What I can guarantee, is that the prompt itself would be copyright-able.

That's non-obvious to me. Even if the prompt is extremely long and precise, if it is somehow purely functional, it seems possible for it to not be (although in practice, I agree that most prompts could be).

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It is basically pseudo-code, and should have the same copyright as other code if it is sufficiently complex to pass the typical test for copyright. One might think code should not have copyright, but that is a different conversation.

Yes, I agree. I don't think I am saying anything inconsistent with that.

Code is purely functional and is copyrightable so why would a prompt not be?

A prompt has essentially the same purpose as code, especially when it's long and precise.

Code is not purely functional. If it is, it is not copyrightable (at least in the US; probably true elsewhere but I am less sure) [0]. I would not expect most prompts to be purely functional.

[0]: https://www.copyright.gov/circs/circ61.pdf

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