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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

#111
post #87

Curious what the consensus is on how GH should have approached this to avoid such blowback. Best case scenario, they explained in advance on the GH blog they're going to be doing some work on ML and coding, and they'd like people to opt into their profile being read via a flag setting/or put a file in the repo that gives permission like robots.txt? Second best case scenario, same as first but opt out vs opt in, and l…

Code (co)created with Copilot has to follow all the licenses of the source (heh) code. This generally means at the very least automatically including in projects getting help from Copilot a copy of all the licenses involved, and attribution for all the people the code of which Copilot has been trained on. (Not sure for the cases where there is no license and therefore normal copyright applies, but AFAIK this isn't th…

So I guess then, the first thing they should have done, is trained it to understand licenses, and used that as a first principle for how they built the system?

Re: All public GitHub code was used in training Copilot

#112
post #74

Earlier quoted context omitted.

Yes, it would stiffle NLP research immensely and we likely wouldn't see anything better than gpt3 for years if such restrictions are put in place.

You’re free to privately research with this data but commercializing other people’s work using ML is theft. Edit: commercializing of the derived work is one explicit consideration used by US law in making a fair use determination. That said, even if it weren’t commercialized it may still be infringement and I believe it is.

Even if we accept that (which many wouldnt as most licenses say little about research), the research would never be very useful if you can never make a comparable dataset to use in the real world.

Re: All public GitHub code was used in training Copilot

#113
post #70

This is why I relicensed my code [1] yesterday to a license I wrote [2], which is designed to poison the well for machine learning. [1]: https://gavinhoward.com/2021/07/poisoning-github-copilot-and... [2]: https://yzena.com/yzena-network-license/

That’s safe but it’s probably not necessary to be protected from what GitHub, OpenAI, and Microsoft are doing. When these licenses were crafted there was no reasonable expectation that companies could use ML applications as a loop hole in existing copyright licenses, so just because there is no explicit clause denying it doesn’t mean they are in the clear for using copyright-protected code that way. Licenses give per…

I agree; my blog post says so.

What my licenses are supposed to do is sow even more doubt in companies' minds about models trained on my code.

Re: All public GitHub code was used in training Copilot

#114
post #51

Earlier quoted context omitted.

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.

I didn’t miss that, this still doesn’t make the answer obvious to me. I’m pretty sure I’ve unknowningly replicated licensed code as well during my time as an engineer, and I’ve written way less code over my 8 years than Copilot has.

Then if you were discovered using it in a commercial project you can fairly be sued for it. Unless you're trying to argue that you should for some reason get an exemption?

Re: All public GitHub code was used in training Copilot

#115
post #34
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.

> 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? That depends, if you end up writing copies of the code you've studied then yes. You are on thin ice. Plagarization is definitely something that you can do with computer code. There ha…

> swap(var1, var2)

Well, there's also the xor way to be pedantic :)

   var1 = var1 ^ var2
   var2 = var2 ^ var1
   var1 = var1 ^ var2
But yeah, not too much wiggle room there.

Re: All public GitHub code was used in training Copilot

#116
post #70

This is why I relicensed my code [1] yesterday to a license I wrote [2], which is designed to poison the well for machine learning. [1]: https://gavinhoward.com/2021/07/poisoning-github-copilot-and... [2]: https://yzena.com/yzena-network-license/

Do the GitHub Terms of Service give them the necessary permissions for Copilot, independently of the license? (I honestly don't know the answer; this is a straight question.)

Re: All public GitHub code was used in training Copilot

#117

Earlier quoted context omitted.

Well you can read public code all you like but you can't just take chunks of code and write them under different licenses like how copilot has been shown doing.

If you grab chunk of licensed code and put into private repo, what prevents you from doing that? How much of licensed code is scattered across private projects? I’m curious how these license violations are detected.

Copyright law "prevents" you from doing that. To be more specific copyright law specifies that you must comply with the license of the copyright holder in cases such as the one you have described.

> How much of licensed code is scattered across private projects?

Whether or not copyright violations regularly occur is not (directly) relevant to whether or not it is illegal. People download copyrighted movies without licenses all the time and it still isn't legal.

Re: All public GitHub code was used in training Copilot

#118
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

Movies are “public” too. That does not mean you are allowed to use them for any purpose. The term “Public” does not have specific legal consequences in copyright law outside of something being “public domain” as you say.

Re: All public GitHub code was used in training Copilot

#119
post #74

Earlier quoted context omitted.

Yes, it would stiffle NLP research immensely and we likely wouldn't see anything better than gpt3 for years if such restrictions are put in place.

You’re free to privately research with this data but commercializing other people’s work using ML is theft. Edit: commercializing of the derived work is one explicit consideration used by US law in making a fair use determination. That said, even if it weren’t commercialized it may still be infringement and I believe it is.

I get that the problem is commercializing, but the theories around copyright that are being deployed here would prevent even free, open-source NLP research from becoming a reality.

Re: All public GitHub code was used in training Copilot

#120
post #108
post #100

Earlier quoted context omitted.

Good point, I would have thought GH requires you to agree in some TOS that you have permission to put the code on GH (but I don't know)? If so, could that point be put aside? (I'm not a software engineer so sorry if that made no sense. Super curious about the whole codepilot thing from a business and community perspective)

> that you have permission to put the code on GH This is the complicated bit: All open-source licenses grant you permission to redistribute the code (usually with stipulations like having to include the license), so you are almost always allowed to upload the code to Github. What it doesn't mean however is that you're the copyright holder of that code, you're merely redistributing work that somebody else has ownershi…

If you'll entertain me on a hypothetical for a moment. Suppose then the copious amount of intelligent folks over at GH know this will eventually end up in the courts, and expected that from the start. Would you suggest they messaged/rolled it out any differently? Did they do exactly what they needed to do so that it did end up in the courts? Should they have done anything differently to not piss folks off so much? Sorry for the million questions, you seem to know/have thought a bit about this. Thanks! :)
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