Attempts to litigate any license violation are going to get precisely nowhere I bet, but I find the actual license violation argument persuasive. This is an excellent example of how the AI singularity/revolution/whatever is a total distraction and that a much bigger and more serious issue is how AI is becoming so effective at turning the output of cheap/free human mental labour into capital. If AI keeps getting bette…
GitHub Copilot as open source code laundering?
141–150 of 473 posts
Re: GitHub Copilot as open source code laundering?
#142Earlier quoted context omitted.
What stops you to do the same, without the AI part?
That's what I was wondering. I've never been interested enough to steal anyone else's code, but with all the code transformers and processing tools nowadays, I imagine it's trivial to translate source code into a functionally equivalent but stylistically unique version?
Re: GitHub Copilot as open source code laundering?
#143Earlier quoted context omitted.
By uploading your content to GitHub, you’ve granted them a license to use that content to “improve the Service over time”, as specified in the ToS[1]. That effectively “overrides” any license or term that you’ve specified for your repository, since you’ve already licensed the content to GitHub under different terms. Of course, people who are not GitHub are beholden to the terms you specify. [1] https://docs.github.co…
> By uploading your content to GitHub, you’ve granted them a license to use that content to “improve the Service over time”, as specified in the ToS. That's nonsense because they could claim that for almost any reason. E.g. assume Google put the source code of Google search in Github. Then Github copies that code and uses it in their own search, since that "improves the service". Would that be legal? It's like sellin…
Re: GitHub Copilot as open source code laundering?
#144Earlier quoted context omitted.
It is very similar to the current situation, but intensified. Technology tends to be an intensifier for existing power structures.
Except some random nobody can become a disruptor.
Re: GitHub Copilot as open source code laundering?
#145Attempts to litigate any license violation are going to get precisely nowhere I bet, but I find the actual license violation argument persuasive. This is an excellent example of how the AI singularity/revolution/whatever is a total distraction and that a much bigger and more serious issue is how AI is becoming so effective at turning the output of cheap/free human mental labour into capital. If AI keeps getting bette…
But the rate of product/services that machinery will produce will make that even a small tax to corporations producing everything autonomously will be enough to feed and give a quality of life to everyone with an UBI or partial time jobs. You really want to push for high productivity across all industries, even if that means sacrificing jobs in the short term, because history demonstrated after that, new and more hum…
It would be a lot easier if more people on this website would just be honest with themselves and everyone else and simply admit they think feudalism is good and that serfs shouldn't be so uppity. But not me, of course; I won't be a serf. Now if you'll excuse me, someone gave me a really good deal on a bridge that I'm going to go buy...
Re: GitHub Copilot as open source code laundering?
#146It certainly seems to be a laundering enabler. Say that you want to un-GPL-ify some famous copylefted code that is on the training database. You type a first innocuous characters of it, then the co-pilot keeps completing the rest of the same exact code, for it offers a perfect match. If the completion is not exact, you "twiddle" it a bit until it becomes. Bang! you have a non-gpl copy of the program! Moreover, it is…
> Bang! you have a non-gpl copy of the program! Moreover, it is 100% yours and you can re-license it as you want. This will be a boon for copyleft-allergic developers! Thinking that this would conveniently bypass the fact that your goal was to copy the code seems to be the most common legal fallacy amongst software developers. The law will see straight through you, and you will be found to have infringed copyright. T…
EDIT: to I can write my worry, semi-jokingly, as a conspiracy theory: Microsoft is using thousands of unsuspecting (and unwilling) developers to turn a huge copylefted corpus of algorithms into non-copylefted implementations. Even assuming that developers that use the co-pilot use non-copyleft licenses only 50% of the time, there's still a constant trickling of un-copyleftization.
Re: GitHub Copilot as open source code laundering?
#147Earlier quoted context omitted.
Except some random nobody can become a disruptor.
I was debating bringing up disruptors when I made the grandparent comment. My 2 cents: they can shift the balance of power at the very small scale (e.g. "some random nobody" getting rich, or some rich person going bankrupt), but the large scale power structures almost always remain largely intact. For instance, that "random nobody" may well get rich through the sale of shares in their company - now the company is own…
Is that anything new? That seems to be a repeating fact of life throughout history.
Re: GitHub Copilot as open source code laundering?
#148This goes into one of my favorite philosophical topics: John Searle's Chinese Room. I won't go into it here, but the question of whether an AI is actually learning how to code or simply substituting information based on statistically common practices (or if there really is a difference between either) is going to be one hell of a problem for the next few decades as we start to approach fine points of what AI is and h…
> the most recent Oracle vs. Google case has already settled a major point: APIs don't violate copyright. And as Github co-pilot is API (A self-modifying one, but an API nonetheless), Microsoft has a good defense That's a wild misconstrual of what the courts actually ruled in Oracle v. Google. (And to the reader: don't take cues from people banging out poorly reasoned quasi-legal arguments in off-the-cuff comments.)
pg.2
'This case implicates two of the limits in the current Copyright Act. First, the Act provides that copyright protection cannot extend to “any idea, procedure, process, system, method of operation, concept, principle, or discovery . . . .” 17 U. S. C. §102(b). Second, the Act provides that a copyright holder may not prevent another person from making a “fair use” of a copyrighted work. §107. Google’s petition asks the Court to apply both provisions to the copying at issue here. To decide no more than is necessary to resolve this case, the Court assumes for argument’s sake that the copied lines can be copyrighted, and focuses on whether Google’s use of those lines was a “fair use.”
"any idea, procedure, process, system, method of operation, concept, principle, or discovery" sounds suspiciously like an API. Continuing:
Pg. 3-4
'To determine whether Google’s limited copying of the API here constitutes fair use, the Court examines the four guiding factors set forth in the Copyright Act’s fair use provision... '
(1) The nature of the work at issue favors fair use. The copied lines of code are part of a “user interface” that provides a way for programmers to access prewritten computer code through the use of simple commands. As a result, this code is different from many other types of code, such as the code that actually instructs the computer to execute a task. As part of an interface, the copied lines are inherently bound together with uncopyrightable ideas (the overall organization of the API) and the creation of new creative expression (the code independently written by Google)...
(2) The inquiry into the “the purpose and character” of the use turns in large measure on whether the copying at issue was “transformative,” i.e., whether it “adds something new, with a further purpose or different character.” Campbell, 510 U. S., at 579. Google’s limited copying of the API is a transformative use. Google copied only what was needed to allow programmers to work in a different computing environment without discarding a portion of a familiar programming language .... The record demonstrates numerous ways in which reimplementing an interface can further the development of computer programs. Google’s purpose was therefore consistent with that creative progress that is the basic constitutional objective of copyright itself.
(3) Google copied approximately 11,500 lines of declaring code from the API, which amounts to virtually all the declaring code needed to call up hundreds of different tasks. Those 11,500 lines, however, are only 0.4 percent of the entire API at issue, which consists of 2.86 million total lines. In considering “the amount and substantiality of the portion used” in this case, the 11,500 lines of code should be viewed as one small part of the considerably greater whole. As part of an interface, the copied lines of code are inextricably bound to other lines of code that are accessed by programmers. Google copied these lines not because of their creativity or beauty but because they would allow programmers to bring their skills to a new smartphone computing environment. The “substantiality” factor will generally weigh in favor of fair use where, as here, the amount of copying was tethered to a valid, and transformative, purpose.
(4) The fourth statutory factor focuses upon the “effect” of the cop- ying in the “market for or value of the copyrighted work.” §107(4). Here the record showed that Google’s new smartphone platform is not a market substitute for Java SE. The record also showed that Java SE’s copyright holder would benefit from the reimplementation of its interface into a different market. Finally, enforcing the copyright on these facts risks causing creativity-related harms to the public. When taken together, these considerations demonstrate that the fourth factor—market effects—also weighs in favor of fair use.
'The fact that computer programs are primarily functional makes it difficult to apply traditional copyright concepts in that technological world. Applying the principles of the Court’s precedents and Congress’ codification of the fair use doctrine to the distinct copyrighted work here, the Court concludes that Google’s copying of the API to reimplement a user interface, taking only what was needed to allow users to put their accrued talents to work in a new and transformative program, constituted a fair use of that material as a matter of law. In reaching this result, the Court does not overturn or modify its earlier cases involving fair use.'
[1] https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf
Re: GitHub Copilot as open source code laundering?
#149I propose we as developers, start a secret society where we let the AI write the code, but we still claim to write it manually. In combination with the new working from home policies, we can lay at the beach all day and still be as productive as before. Who is in favor of starting it? ;)
This would be the demise of the human race. I’m not entirely opposed to that, though. When AI inevitably outperforms humans on almost all tasks, who am I to say humans deserve to be given those tasks?
Re: GitHub Copilot as open source code laundering?
#150Earlier quoted context omitted.
The dataset is all freely available open source code, right? Just because GH hosts it doesn’t mean the rest of the world can’t use it for the same purpose.
You'd have to hit rate limiting multiple times no?