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All public GitHub code was used in training Copilot

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Re: All public GitHub code was used in training Copilot

#21
post #3

The outrage-bait approach in this thread detracts from it. Yes, they trained it on everything. No, it's not clear if that's legal or not (probably is) or if that is much of a problem.

It's not outrage bait. The thing reproduces GPL licensed code verbatim.

Re: All public GitHub code was used in training Copilot

#22
post #16
post #13

Out of curiosity, how do we define license violation in that case? I, as a human being, have trained by reading code, much of which is covered by licenses that are somehow not compatible with code I'm writing. Am I violating licenses? Asking seriously. It's really unclear to me where law and/or ethics put the boundaries. Also, I'd guess it's probably country dependent.

I am not a lawyer but I am sure that any legal standard for ML has to be different than "isn't it just doing what humans do, but faster?" GitHub scanning billions of code files to build commercial software is different than you learning at human pace, even if they're both "learning" and in the end they both produce commercial software.

> isn't it just doing what humans do, but faster?

The human activity most like training an ML system is memorizing a text by reciting from memory, checking against the original, adjusting, and repeating until there are acceptably few mistakes.

And if a human did so for thousands of texts then publicly repeated those texts, they would be violating copyright too.

Re: All public GitHub code was used in training Copilot

#23
post #7

To the people arguing it's "fair use" to use this for training an ML network. Where do you draw the line? What if you train an "ML network" with one or two inputs... so that they almost always "generate" exact copies of the inputs? Five inputs..? Ten? A thousand? A million?

> Where do you draw the line?

My simplistic view is that the following is legally equivalent:

input -> ai network -> output

input -> huffman coding -> output

So, whilst:

* compressing and decompressing a copyright work is permissible;

* output and weights are deterministic transformations of the inputs;

thus:

* not eligible for copyright (lacking creativity); and

* are derivative works of the inputs;

Re: All public GitHub code was used in training Copilot

#24
post #5

OP’s rhetoric, and most discussion I see, asserts that training a model on copyrighted data is a copyright violation. Personally I don’t find this to be so obviously the case. Think back to when we were listening to AI generated pop music, for instance. I don’t recall any concern in HN comments about the copyright holders’ music being used for learning.

Did you miss the bit where copilot reproduced exactly a function including the comments? That's not some mashup or reinterpretation or inspiration it meets the definition of plagiarism in universities and is just copying.

Re: All public GitHub code was used in training Copilot

#25
post #20
post #3

The outrage-bait approach in this thread detracts from it. Yes, they trained it on everything. No, it's not clear if that's legal or not (probably is) or if that is much of a problem.

Indeed; the question is if copyright should apply at all . Harping on about licenses, GPL, and whatnot is a detraction from the actual issue at hand. Also, given that the author of this tweet called me a "bootlicker" last year in response to a somewhat lengthy nuanced post about GitHub, I'm gonna go out on a limb and say that they're not all that interested in a meaningful conversation on this in the first place but…

The possibility of GPL violation does show (one of) enormous ramifications of the question though. I think it's not a detraction as long as the question itself is also mentioned.

Re: All public GitHub code was used in training Copilot

#26
post #13

Out of curiosity, how do we define license violation in that case? I, as a human being, have trained by reading code, much of which is covered by licenses that are somehow not compatible with code I'm writing. Am I violating licenses? Asking seriously. It's really unclear to me where law and/or ethics put the boundaries. Also, I'd guess it's probably country dependent.

https://en.wikipedia.org/wiki/Clean_room_design

sometimes? it's enough of an issue that companies explicitly avoid it by having two teams.

Re: All public GitHub code was used in training Copilot

#28
post #13

Out of curiosity, how do we define license violation in that case? I, as a human being, have trained by reading code, much of which is covered by licenses that are somehow not compatible with code I'm writing. Am I violating licenses? Asking seriously. It's really unclear to me where law and/or ethics put the boundaries. Also, I'd guess it's probably country dependent.

That is exactly what needs some careful consideration. As a start, two people can write the exact same code independently, therefore having identical code is not sufficient. On the other hand I can copy some code and slightly modify it, maybe only the spacing or maybe changing some variable names, and it could reasonably be a license violation, therefore having identical code is also not necessary.

Does the code even matter at all? If I start with a copy of some existing code, how much do I have to change it to no longer constitute a license violation? Can I ever reach this point or would the violation already be in the fact that I started with a copy no matter what happens later? Does intention matter? Can I unintentionally violate a license?

But I think we don't have to do all the work, I am pretty sure this has already been considered at length by philosophers and jurist.

Re: All public GitHub code was used in training Copilot

#29
post #3

The outrage-bait approach in this thread detracts from it. Yes, they trained it on everything. No, it's not clear if that's legal or not (probably is) or if that is much of a problem.

It's not outrage bait. The thing reproduces GPL licensed code verbatim.

I'm talking about how it's presented. It starts with

>oh my gods. they literally have no shame about this.

Then continues with

>it's official, obeying copyright is only for the plebs and proles, rich people and big companies can do whatever they want

and

> GitHub, and by extension @Microsoft , knows that copyright is essentially worthless for individuals and small community projects. THAT is why they're all buddy-buddy with free software types; they never intended to respect our rights in the first place

At any rate, it's not even clear to me if me publishing code written with copilot (or even with a random tool that will wget from github) puts the blame on the toolmaker or on me. This post, however, doesn't attempt to look at that but uses language that paints GH/MS as doing something illegal (and evil) that others wouldn't even get away with but not caring about it.

Re: All public GitHub code was used in training Copilot

#30
post #12

At least to some first approximation irrelevant because reading code is not subject to any license. What if a human reads some restrictively licensed code and years later uses some idea he noticed in that code, maybe even no longer being aware from where this idea comes? But what if the system memorizes entire functions? What if a human does so? What if you change all the variable names? What if you rearrange the con…

The problem is that humans are limited in retention and rate of learning. An AI/ML is not, which makes (or should make) a difference.
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