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What about the emitted code which is actually derived from GPL code?

What about BSL, SSPL, or other source available (for your eyes only) licenses? Copilot harvests all public repos, regardless of its license.




IANAL but searched a lot on this, this is very tricky subject legally.

To simplify:

- imagine all code Copilot trained on is GPL licensed. - we have a universal function `isInfringing(code)` that has access to all GPL code, and returns `true` if it is infringing some GPL code.

for a given prompt; if `isInfringing(copilot(prompt))==false` we cannot claim copilot infringing on GPL code, even it is trained on GPLed code.

so the problem starts here; does the piece of code copilot emits, if written by yourself also would be infringing ?


> so the problem starts here; does the piece of code copilot emits, if written by yourself also would be infringing ?

why everyone on discussions tries to bring "if a human made it"? a generative AI operates way faster than anyone ever existed and ever will and probably a person aware of the license & acting respectful towards it, will create something more sensible/plausible to avoid plagiarism

now having dozen/hundreds/thousands of humans substituted by a machine that makes money for some for-profit company is really fair? even if they were a non-profit, as someone pointed up, people who create the content that feeds the weights aren't recieving a penny! they already made money with it, they will make more & that is/will upgrading/e the state of gen. AI

for sure legal battles on people copying code from permissive licenses should exist but it's feels a different discussion


because discussion is around 'legal' and laws only apply to humans. On ethical side of the discussion, I tend to agree with you. But it is also complicated subject; 'fair' in general is complicated, all this, GPL/AGPL stuff born out of this subject. Hosting GPL code as SaaS is legal but not 'fair' for example.


If one was sufficiently inspired by code A when writing code B, then it is a derivate work. This is a core tenet of copyright law.

At what measure is one sufficiently inspired for it to be a derivate work? That is up to courts to decide.


yeah the problem here is there is no 'code A' usually, it is more like: 1000s of GPLed code (A1, A2, ... An )

Technically when you get a piece from each, there is no infringement legally. ( as they have all different copyright holders )


From my understanding of a blog post by GitHub last year, they are planning to launch a tool to find similar code to what emitted by CoPilot, implying that CoPilot does not mix multiple sources for a single function, but derives a code block it found with a similar functionality (or maybe bigger blocks with similar functionality, IDK).

If CoPilot indeed derives a function (or a functional block) from a single source, it might plainly violate the license of the repository where it derives the code from.

There are many questions, and nothing is clear cut. The only thing I know is, I will never use that thing.

EDIT: I remembered that people were able to make CoPilot emit their code almost as-is with the correct prompts: https://x.com/docsparse/status/1581461734665367554

So it's not we're taking a bit from n different sources, and generate something with that.


> Technically when you get a piece from each, there is no infringement legally.

False in ex-Commonwealth countries and Japan.




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