I assume that Copilot uses open source projects on GitHub to “learn” what to suggest. Some of these projects might be under, say, GPL v3. A developer uses Copilot for a commercial project and Copilot insert a complete function from a GPL v3 code into this project. Someone notices this and sues the commercial project for breaking GPL v3. Will GitHub pickup the tab?
Damages. This question will come back to damages. If you steal 10 lines of code from me, the damages will be the greater of: - The benefit to you (10 minutes programmer time) - The cost to me ($0) - Statutory damages (probably $200) In other words, it's very unlikely to be worth a lawsuit. The most likely outcome is: - A legal letter is sent - Infringing code is removed - As good bedside manner, some nominal amount o…
That's an incomplete view. You're judging the value by the time it'd take to rewrite it.
The real value is in knowing what to type and why.
When Co-pilot suggests you a GPL code, it's main value is the knowledge, not the typing.
That piece of knowledge may have taken a LOT of effort from an OSS team to acquire.
Depending on the context, this knowledge would be worth millions.
Worth a lawsuit.