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An open source lawyer’s view on the copilot class action lawsuit

118 点作者 spiffage超过 2 年前

15 条评论

belorn超过 2 年前
A very interesting interpretation of the github TOS. Kate Downin is saying that users of github is giving a special license to GitHub, one that bypasses the original license. However if that is true then any upload of code that users do not have 100% copyright control of is then a copyright violation since the user would not have the authority to grant github that special license. It would be similar to a user uploading a copyrighted movie to youtube, and google using that as a license to use the movie in an advertisement.<p>I wonder if a court would think that microsoft in this case has done their due diligent to verify that the license grant that they got from users are correct and in order.
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Andrew_nenakhov超过 2 年前
A hypothetical question: imagine a filmmaker, who had studied a lot of obviously copyrighted movies by famous renowned directors. This means he has trained his neural network using their copyrighted licensed content. Does he breach copyright when he composes and films a scene? Are visual quotes copyright theft? Homages? Did George Lucas infringe copyright when he was borrowing compositions from &quot;Triumph of the will&quot;?
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steve_gh超过 2 年前
Hmmm. I&#x27;m interested in the GitHub ToS, which (if I understand correctly) basically says that GitHub and it&#x27;s affiliates (MS) can use anything you post on GitHub to improve their service.<p>What if I build an AGPL licenced service, using GitHub to coordinate development. According to the ToS MS could offer a version my service because I posted the code on GitHub, and they are using it to improve their service to me. According to my AGPL licence, they would need to share their source.<p>So which takes precedence. The licence or the ToS?
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visarga超过 2 年前
I think copyright itself might be on its way out. What meaning does a copyright have when I can click &quot;Variations&quot; on anything and get 4 suggestions in 10 seconds? Imagine how good they will be by 2030.
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mjw1007超过 2 年前
I think this is the most interesting part:<p>&gt; [Github&#x27;s Terms of Service] specifically identifies “GitHub” to include all of its affiliates (like Microsoft) and users of GitHub grant GitHub the right to use their content to perform and improve the “Service.” Diligent product counsel will not be surprised to learn that “Service” is defined as any services provided by “GitHub,” i.e. including all of GitHub’s affiliates.
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LesZedCB超过 2 年前
out of curiosity, would anybody else cease to have an issue copilot if it was an open source model?<p>i&#x27;m not paying for copilot right now because i&#x27;m waiting for this to shake out. but i&#x27;d be happy to pay (even their current asking price) if i knew the model was also open source and could be self hosted.<p>maybe this is the wrong way to ask the question, but hopefully it makes sense
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MattPalmer1086超过 2 年前
Has anyone produced a legally watertight license or clause for other licenses that prevents code being used for training of copilot-like services?
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6stringmerc超过 2 年前
I have a companion piece talking about music and training AI&#x2F;ML:<p><a href="https:&#x2F;&#x2F;medium.com&#x2F;@6StringMerc&#x2F;artificial-intelligence-machine-learning-ai-ml-in-music-generation-the-infinite-monkey-of-be42d4d63e0a" rel="nofollow">https:&#x2F;&#x2F;medium.com&#x2F;@6StringMerc&#x2F;artificial-intelligence-mach...</a>
terminal_d超过 2 年前
If this isn&#x27;t enough incentive to move away from github, then I don&#x27;t know what is.
hnbad超过 2 年前
&gt; It looks a lot more like trolling if an otherwise incredibly useful and productivity-boosting technology is being stymied by people who want to receive payouts for a lack of meaningless attributions.<p>This one sentence threw off my entire opinion of the article as it demonstrates the author&#x27;s clear bias in favor of Copilot, not just specifically in this case but in principle.<p>Legal opinion on Copilot and generative AI in general hinges entirely on metaphors. If the AI is understood to behave like a human being building knowledge and drawing from it for inspiration, Copilot is just another way to write code. But we&#x27;ve already established legal precedent that machines can not hold copyright, which suggests that they can not be deemed to be creative, which could be used to argue that they are therefore just creating an inventory of copyright works and creating mechanical mashups.<p>The author&#x27;s dismissal also ignores that this would not JUST result in attribution. If Copilot indexed copyleft code and were required to provide attribution when using this code, the output might also be affected and this could in turn affect the entire code base. Worse yet, Copilot may output code with conflicting licenses. The author considers only the possibility that Copilot itself might have to inherit the license (and the dismissal that it would &quot;help noone&quot; because it runs on a server ignores both the existence of a (presumably self-hosted) enterprise service and the existence of licenses like AGPL, which would still apply) but it seems most people&#x27;s concerns are with the output instead.<p>I also fail to understand how the argument that it doesn&#x27;t reproduce the code <i>exactly</i> 99% of the time is helpful. If I copy code and rename the variables and run an autoformatter on it, it&#x27;s still a copy of the code. It&#x27;s odd to see a lawyer use what is essentially obfuscation as a defense against copyright claims. Also 1% is an incredibly large number given how Copilot is supposed to be used and how large the potential customer base is. Given the direction GitHub is heading with &quot;Hello GitHub&quot; (demoed at GitHub Universe yesterday) it&#x27;s not unlikely that Copilot would in some cases be used to generate hundreds, thousands or tens of thousands of lines of code in a single project.<p>The question isn&#x27;t just whether Copilot is violating the law or not, the question is why it is or isn&#x27;t because that could have wide implications outside GitHub itself. But as the author points out, sadly the lawsuit doesn&#x27;t try to settle this for copyright, which might be the most impactful question.
iLoveOncall超过 2 年前
This lawsuit is open-source developers destroying open-source.
Havoc超过 2 年前
What’s the point of licenses if TOS overrides it?
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baby超过 2 年前
This is why we can’t have nice things. Copilot is the future
nomilk超过 2 年前
If organic neural networks are allowed to read and learn from open source code, why should an artificial one be any different?
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insanitybit超过 2 年前
HN is so insanely frustrating, so many comments demonstrate that the user didn&#x27;t read this article at all. Just immediately jumping into a &quot;but what about this argument that <i>I</i> made?&quot;.
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