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GitHub Copilot for Business is now available

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Re: GitHub Copilot for Business is now available

#111
post #74

Earlier quoted context omitted.

This version specifically removes snippets that appear in open source code.

So instead of Open Source license violations for which it'd theoretically be possible to provide information to comply with those licenses, it instead only violates proprietary software licenses for which you shouldn't be using the code at all ?

was it trained on proprietary software?

Re: GitHub Copilot for Business is now available

#112

Earlier quoted context omitted.

Using AGPL code doesn't mean you agree to the terms. It means if you don't agree to and obey the terms, you don't have a license, which is copyright infringement.

>> if you don't agree to and obey the terms, you don't have a license, which is copyright infringement So you either agree to the license terms or you are breaking the law. If your company violates copyright law, it can be taken to court and sued for damages or forced compliance to the license terms: https://www.mend.io/resources/blog/the-100-million-case-for-... https://www.natlawreview.com/article/gpl-open-source-l…

Being taken to court for infringement of free software's copyright is rare. On top of that the copied code only being a snippet from copilot makes it even less likely to happen. The snippet alone may not be considered copyrightable.

Re: GitHub Copilot for Business is now available

#113

Sadly, "simple license management" here just refers to "who in your organization has a license to use this tool", rather than "where did this code come from and what license is it under". This tool remains the equivalent of money laundering for violation of Open Source licenses (or software licenses in general).

I open source my code specifically so that it can be re-used, ideally even for cases like this. To me, software freedom is the ability for it to be used for effectively any useful purpose, so that others don't have to do the same work again.

I understand that some folks don't believe the same thing, and use copyleft licenses so that their code can't be re-used in a closed way, and that's fair. Github shouldn't be training their product on copyleft licenses.

It's fair to call out its misuse of certain licenses, but "the equivalent of money laundering for violation of Open Source licenses" is simply inaccurate, as many licenses allow this type of re-use explicitly.

Re: GitHub Copilot for Business is now available

#114
post #43

Earlier quoted context omitted.

You make it sound like Copilot is just copy-pasting something from a single repo. The code Copilot generates for me is extremely specific to my application. It understands the context, my code style and what I'm trying to do. The result looks like my own code and is utilizing the already existing parts of my application. The code it writes for me solves problems that you cannot find a standard solution for anywhere a…

> You make it sound like Copilot is just copy-pasting something from a single repo. Not at all. I'm saying it's derived from large amounts of code, without respecting the licenses on that code. > How Copilot is trained is an issue but answering the question "where did this code come from and what license is it under" would be impossible. Then it shouldn't exist outside of demos of what could exist in the future if th…

What a bunch of pure fear mongering nonsense. The code that is produced by copilot indistinguishable from the rest of the code in the code base. Get over yourself.

Re: GitHub Copilot for Business is now available

#115

Earlier quoted context omitted.

>So your company is okay providing all their source code to users? Nothing is forcing them to do that. If they are infringing they simply need to delete the infringing code and rewrite it by hand.

That's not how copyright infringement works. Great, you've stopped committing new infringements, but there's still a legal case over the previous infringements, for which you still need to provide appropriate remedy. If the remedy for copyright infringement were just "oh, we got caught, guess we'll stop now", that would provide substantial incentive for people to violate licenses as long as they hoped they wouldn't g…

The company would have to pay a fee to the copyright owner plus some extra.

I am jaded from practice around GDPR where the thinking of companies goes along the line: if we are caught, we will pay extra, but now we make big cash. And who knows, maybe we won't get caught.

Re: GitHub Copilot for Business is now available

#116
post #87

Earlier quoted context omitted.

"Notwithstanding any other language in your Agreement, GitHub will defend you against any claim by an unaffiliated third-party that your use of GitHub Copilot misappropriated a trade secret or directly infringes a patent, copyright, trademark, or other intellectual property right of a third party, up to the greater of $500,000.00 USD or the total amount paid to GitHub for the use of GitHub Copilot during the 12 month…

the full segment also includes disclaimers on this so it isn't quite as cut and dry: > 4. Defense of Third Party Claims. Notwithstanding any other language in your Agreement, GitHub will defend you against any claim by an unaffiliated third-party that your use of GitHub Copilot misappropriated a trade secret or directly infringes a patent, copyright, trademark, or other intellectual property right of a third party, u…

Still sounds pretty friendly to me. Obviously once you modify the code Github cannot be liable anymore for the lines edited. Otherwise you could push all kinds of infringement on them just because Copilot was active.

Reasonable development practices certainly don't include scanning every line for copyright, but should catch the most obvious cases.

Overall I'm surprised they're willing to bet $500k per client on the legality of Copilot.

Re: GitHub Copilot for Business is now available

#117
post #8

An extra $9/mo for: * Simple license management * Organization-wide policy management * Industry-leading private * Corporate proxy support Wow. Who’s going to pay a 90% premium for these features? Edit: OK seems like different marketing pages have different features. The list above comes from https://github.com/features/copilot/ . Still seems like a very steep increase over the base. And I cannot believe there are on…

9 bucks per developer isn’t that much. I getting a developer to be 5 percent faster is a huge gain for just 9 dollars.

Certainly for SV salaries. But $19/month per developer in addition to already existing cost can make a difference for regions with lower salaries.

Re: GitHub Copilot for Business is now available

#118
post #59

Earlier quoted context omitted.

Not an answer to your overall question of compliance, but to the specific point: > Copilot for Business does not retain any telemetry or Code Snippets Data. https://docs.github.com/en/copilot/configuring-github-copilo...

And if that page changes without notifying you? ... Unless they are selling the compliance as a feature, be careful.

As long as it's part of the agreement, they would need to at least notify you if they're planning to change that.

Re: GitHub Copilot for Business is now available

#119

Yeah I'll pay for something that is just slightly better/faster than writing it myself but will practically speaking steal my code and give it to others that pay for the same product. /s I'd say no thanks. I think programmers using Copilot is paying for something that'll hurt them in the long run for a tiny benefit in the short run. I don't trust Microsoft, and neither should you.

Honestly, I don't think the code I write is so special that no one should ever see it. The whole product might be worth protecting, that's why the codebase isn't public. But the individual files/functions are not special in any way. And that'll be the case for 99%+ of all code.

Re: GitHub Copilot for Business is now available

#120

Earlier quoted context omitted.

Where's the part of the Copilot EULA that indemifies users against copyright infringement for the generated code? If the model was trained entirely using code that Microsoft has copyright over (for example: the MS Windows codebase, the MS Office codebase, etc.) then they could offer legal assurances that they have usage rights to the generated code as derivative works. Without such assurances, how do you know that th…

Ultimately I think MS is right betting on the fact that this will not matter in the long run. All AI tools are trained on copyrighted data. The tools are too useful to cripple with restrictive laws written for a previous era.

It’s not AI if it’s just copying and pasting someone else’s code
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