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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

#351

It’s not copyright violation to train ML on content. So the license doesn’t matter unless there’s some “can’t use this for ML training” license that I don’t know about (and doesn’t seem to be legal).

>It’s not copyright violation to train ML on content. I agree. It'd be a nice gesture to reach out to the creators of the training data, like is usual with web scrapers. But collecting and analyzing data publicly available on the web is ok. >So the license doesn’t matter unless there’s some “can’t use this for ML training” license that I don’t know about (and doesn’t seem to be legal). I disagree. While Copilot is, a…

> It'd be a nice gesture to reach out to the creators of the training data, like is usual with web scrapers.

I don’t think this is practical. And who notifies people of scraping content? I would’ve annoyed if I got spam from sites that scraped my content.

Re: All public GitHub code was used in training Copilot

#353
I am really confused by HN's response to copilot. It seems like before the twitter thread on it went viral, the only people who cared about programmers copying (verbatim!) short snippets of code like this would be lawyers and executives. Suddenly everyone is coming out of the woodworks as copyright maximalists?

I know HN loves a good "well actually" and Microsoft is always suspect, but let's leave the idea of code laundering to the Oracle lawyers. Let hackers continue to play and solve interesting problems.

Copilot should be inspiring people to figure out how to do better than it, not making hackers get up in arms trying to slap it down.

Re: All public GitHub code was used in training Copilot

#354
Regardless of how the (potentially very impactful) debate about licensing and copyright plays out, I think many here would agree this constitutes an "exploitation" of labor, at least in a mild sense.

Optimistically, Copilot could be a wake up call for thinking more deeply about how the winnings of data-dependent technologies (ultimately, dependent on the labor of people who do things like write open source code) are concentrated--or shared more broadly.

This longer blog post goes into more of a labor framing on the topic: https://www.psagroup.org/blogposts/101

(For the record, I certainly think Copilot could be very good for programmers in general and am not arguing against its existence -- just arguing that this is a high profile case study, useful for thinking about data-dependent tech in general)

Re: All public GitHub code was used in training Copilot

#355
post #315

Earlier quoted context omitted.

> 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? As someone who has taught students in ICT a quick rule of thumb was that I picked a piece of text that I suspected, wrapped it in doublequotes and put it into a search engine. 9/10 times - possibly more - of the times I had that feeling it was true.…

> But in this case it is obvious that the AI isn't writing the code - at least not all the time, it is instead choosing what to copy - verbatim. I still don't see any problem with that. If it's larger sections (e.g. entire NON-TRIVIAL function bodies), those can be filtered or correctly attributed after inference. So that's just a technicality. Smaller snippets and trivial or mechanical implementations (generated cod…

>I still don't see any problem with that. If it's larger sections (e.g. entire NON-TRIVIAL function bodies), those can be filtered or correctly attributed after inference. So that's just a technicality.

Today copilot does what it does.

I've never heard Microsoft defend anyone running afoul of some of their licensing details with "they can fix it later, it is just a technicality".

I think this should go both ways? No?

> Smaller snippets and trivial or mechanical implementations (generated code, API calls, API access patterns) aren't subject to any kind of protection anyway.

  int main(int argc, char* argv[]) {
> Lines like that hold no intellectual value and can be found in GPL'ed code. It can be argued that that's a verbatim reproduction, yet it's not a violation of any kind in any reasonable context.

Totally agree. Edit: otherwise we'd all be in serious trouble.

> Where do you draw the line and how would you be able to - automatically even! - decide what does and does not represent a significant verbatim reproduction?

I am not a lawyer but I guess many can agree that somewhere before copying functions verbatim, comments literally copied as well for good measure, somewhere before that point there is a line.

On the other hand: if there was significant evidence that the AI was doing creative work, not just (or partially just) copying then I think I would say it was OK even if it arrived at that knowledge by reading copyrighted works.

Edit: how could we know if it was doing creative work? First because it wouldn't be literally the same. Literal copying is liter copying regardless of if it is done using Xerox, paid writers, infinite monkeys om infinite typewriters, "AI" or actual strong AI.

After that it becomes a bit more fuzzy as more possibilities open up:

- for student works I look at how well adapted it is to the question at hand: a good answer from Stackoverflow, attributed properly and adapted to the coding style of the code base? Absolutely OK. Copying together a bunch of stuff from examples in the frameworks website? Fine. Reading through all the docs and look at how a number of high profile projects have done it in their open source solution, updating the README.md with info on why this solution was chosen? Now you are looking for a top grade in my class.

(of course IBM will probably not want you to work on their compiler though if you admit that you've studied OpenJDKs, or so I have heard.)

Re: All public GitHub code was used in training Copilot

#356
post #250

Earlier quoted context omitted.

No, see Authors Guild v. Google. Even without a license or permission, fair use permits the mass scanning of books, the storage of the content of those books, and rendering verbatim snippets of those books. The Google Books site is not a derivative work of the millions of authors they copied from, and if they did copy any coincidentally GPL, AGPL, or creative commons copyleft work, the fair use exception applies befo…

Copilot is not doing what your example does. If Github had a service that automatically mirrored public repositories on Gitlab, that would be equivalent to the example you gave. But Github is taking content under specific licenses to build something new for commercial use. I'm not sure if what Github does falls under Fair Use, but I don't know that it matters. I can read fifty books and then write my own, which would…

GitHub isn’t building anything.

The end user is.

By this logic any and all neural nets that draw pictures are copyright infringing as well.

Re: All public GitHub code was used in training Copilot

#357
post #64

Calling it “public” code feels like doublespeak. It’s most definitely NOT public domain code — it only happens to be hosted on GitHub and browsable ( but not copyable ) by people. “Source available for viewing” is very different from “public property” as the phrase is commonly understood: https://en.m.wikipedia.org/wiki/Public_property

Public and public domain are not the same thing. This code is public in the same way that Google indexes publicly available information on the internet.

Re: All public GitHub code was used in training Copilot

#358

I am really confused by HN's response to copilot. It seems like before the twitter thread on it went viral, the only people who cared about programmers copying (verbatim!) short snippets of code like this would be lawyers and executives. Suddenly everyone is coming out of the woodworks as copyright maximalists? I know HN loves a good "well actually" and Microsoft is always suspect, but let's leave the idea of code la…

Try doing any type of deal (fundraising, M&A) where you can't point to the provenance of your application's code. This isn't good for programmers, programmers WANT clean and knowable copyrights. This is good for lawyers, who'll now have another way to extract thousands of $$ from companies to launder their code.

Re: All public GitHub code was used in training Copilot

#360
post #238

Earlier quoted context omitted.

If you view GPL code with your browser would that mean that your browser now has to be GPL as well? In the sense that copilot is not much different than a browser for Stack Overflow with some automation, why would it need to be GPLed? Your own code on the other hand…

Or if you simply read GPL code and learn something from it - or bits of the code are retained verbatim in your memory, are you (as a person) now GPL'd? Obviously not.

That probably depends on how large and how significant the bits you remember are. Otherwise one could take a person with photographic memory and circumvent all GPL licenses easily, by making that person type what they remember.
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