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GitHub’s AI Copilot Might Get You Sued If You Use It

77 点作者 bluish29将近 4 年前

12 条评论

mbesto将近 4 年前
I keep seeing <i>developers</i> weigh in on their thoughts about copyright&#x2F;legal issues but no IP legal experts. Why are people taking any of this without reviewing it with, ya know, lawyers? (for the record, I loathe lawyers like the rest of you, but they have a purpose here)<p>Just like when congressmen try to talk about tech and developers bemoan &quot;you have no idea what you&#x27;re talking about, stop trying&quot;, can developers just take a back seat before becoming a bunch of keyboard warriors here? Telling people they &quot;might get sued&quot; is boring and unhelpful. If you think there is a legal implication - then consult a lawyer. Just like a lawyer would consult their web developer if CSS was broken on their website.<p>That being said - I think it&#x27;s entirely okay for developers to say &quot;I did not explicitly choose to let Copilot use my data as a training set and I&#x27;m taking my code off GitHub until that is done&quot;.<p>PS - I want grellas back :(
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andybak将近 4 年前
Am I the only person who feels that it&#x27;s copyright that&#x27;s the issue rather than machine learning training sets?<p>Consider a new additional feature added on to Copilot - a language aware rewriting tool that transforms the initial generated code into a new form with equivalent functionality.<p>It would be nearly impossible to trace the original code or make a copyright claim.<p>However - you could use this same trick directly on copyrighted code. Now things are even murkier...<p>But I would argue that this is essentially what our brains are doing. I&#x27;ve read code, got the gist of it and written my own version. Technically it&#x27;s not a clean-room reimplementation but an average coder wouldn&#x27;t realistically expect to get sued for copyright for doing this.<p>Maybe they should but if you&#x27;re an open source advocate and you&#x27;ve reached this position then there&#x27;s something very weird going on.<p>I always thought the idea of open source was to use copyright against itself because we believed in openness. Not embracing it and just throwing out one small aspect of it.
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qayxc将近 4 年前
The exaggerations won&#x27;t stop now, will they? First of all, it&#x27;s not as if CoPilot spits out verbatim replica of training data on every other prompt.<p>Secondly, the consequences of accidentally copying code by means of using this tool are pretty minor. The author acts as if copypasta from StackOverflow, RosettaCode and similar sites is NOT a daily occurrence (and can&#x27;t even be checked in the case of closed source software).<p>Fake gurus like Siraj Raval [0] can manage to literally <i>steal</i> - as in copying other people&#x27;s work and claiming it as their own - for years without consequences and face ZERO legal backlash even after being exposed. Some of his repos had hundreds or even thousands of stars and forks on GitHub, while the original authors he copied from got no attention or credit at all.<p>If this is what people can get away with who do this knowingly and deliberately and with entire projects, then I really have to wonder what the fuss is about when an ML model occasionally spits out a few lines of code snippets verbatim from its training set.<p>[0] <a href="https:&#x2F;&#x2F;www.youtube.com&#x2F;channel&#x2F;UCWN3xxRkmTPmbKwht9FuE5A" rel="nofollow">https:&#x2F;&#x2F;www.youtube.com&#x2F;channel&#x2F;UCWN3xxRkmTPmbKwht9FuE5A</a>
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binarymax将近 4 年前
The hilarious thing about this, and no offense to anyone, is that a lot of public code on github is <i>terrible</i> (even mine!). Garbage in, garbage out, as they say.
kevincox将近 4 年前
&gt; stole it from a code repository protected by a license.<p>This is a common misconception. The license doesn&#x27;t protect the code. In fact license are about removing protection (in certain situations). It is copyright which protects the code.
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nathan_phoenix将近 4 年前
I think that it&#x27;s now in a gray area and that we&#x27;ll see if it&#x27;s legal or not in the upcoming years. Because let&#x27;s be honest, the current legal systems weren&#x27;t designed for ML and AI...
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IlliOnato将近 4 年前
People mostly concentrate on whether using Copilot might be a real copyright violation.<p>But the danger of being sued is a different question.<p>Consider the following scenario:<p>1) Company X has its product code stolen. Somebody puts it on GitHub. It&#x27;s discovered and the code is removed.<p>2) You work on an open-source project which competes with that product of Company X, you use Copilot, and make it known.<p>3) Company X looks through your code and find fragments which look vaguely similar to fragments of their code.<p>4) They sue, claiming that you copied and obfuscated their code.<p>Were you not using Copilot, one line of defense for you would be that you never looked at the stolen code, never accessed it, so no copying took place.<p>With Copilot, this line of defense is not available to you, because Copilot &quot;saw&quot; that code and in principle that could help to produce the fragments in question. (Of course other lines of defense are still available).<p>Whether courts would accept this argument is a different question, but the argument is not obviously invalid, and Company X can cause enough trouble for you...
jsharf将近 4 年前
Honestly it seems a bit like an overreaction. The author found a single person who is leaving GitHub over it and they&#x27;re waving it around like &quot;some people&quot; are leaving GitHub.
Luker88将近 4 年前
I said this in the other copilot threads too, but don&#x27;t forget that copyright is not the only protection there is.<p>Lots of countries (USA first) have tons of software patents. Apache and GPL have clauses to protect the project and its users, but that obviously does not extend to copilot generated code.<p>Now go guess where that code comes from and if it is somehow protected.
nimbius将近 4 年前
for those of you wondering why a litigiously rigorous company like Microsoft is pushing Copilot despite overwhelming evidence of copyright infringement, its not a technical limitation they seek to challenge but the legal limitation of the GPL and open source code in general. What they could not destroy through market dominance, they will use their 143 billion in revenue to simply render moot.<p>Microsoft has the coffers and attorneys to litigate this all the way to the supreme court, and I surmise thats just what they intend to do. a win for Github AI would be a damning indictment against the protection offered by open source licensing. cloud is Microsofts golden calf in 2021 and ensuring it grazes rent-free on your projects..your code...has become a priority.
spywaregorilla将近 4 年前
I feel like its pushing for a future where source available becomes equivalent to open source.
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Hamuko将近 4 年前
<a href="https:&#x2F;&#x2F;archive.ph&#x2F;gBPLC" rel="nofollow">https:&#x2F;&#x2F;archive.ph&#x2F;gBPLC</a>