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GitHub scraped your code. And they plan to charge you

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Re: GitHub scraped your code. And they plan to charge you

#161

Here's the brutal and ugly truth: why isn't our personal data treated as private property? It's because those who write the laws governing its status either lack the requisite understanding or else practice a form of, to put it mildly, motivated reasoning.

Your public source code is not "personal data".

Re: GitHub scraped your code. And they plan to charge you

#162
What's hilarious about auto-generating the GPL license is that it's provable Copilot is trained on GPL code, but it's essentially impossible to tell which code it came from. Any legal battle will be strange... Is it enough for Copilot to not regurgitate GPL licensed code exactly? Is it enough for Copilot to create a slightly modified version? Laughably, as soon as slight variation is added, there is so much code in the world that it'll be impossible to prove wrongdoing for HTML or JavaScript synthesis. A model trained on all permissively licensed code on GitHub looks a lot like your own GPL code? Are you sure your code is so unique?

Microsoft of course will implement compliance standards as necessary (they genuinely do not want to break the law), but what does this mean for smaller companies and individuals training models?

Re: GitHub scraped your code. And they plan to charge you

#164
post #23

Earlier quoted context omitted.

Sure, but there's still the license at play here. It's not like they trained it only on public domain/CC0 code. What happens when it verbatim outputs a significant amount of code that was originally MIT, or BSD, or GPL licensed without the appropriate attribution. It can create unintended copyright violations and potentially open people using it up to liability.

I suppose it really depends on if they spit out verbatim reproductions of code or whether it is the equivalent of a 10-year experienced programmer who has just seen a lot of code but isn't reproducing anything verbatim. We shall see, by Googling some of the code it spits out. FWIW GPT-3 doesn't really tend to spit out verbatim reproductions of copyrighted books.

> FWIW GPT-3 doesn't really tend to spit out verbatim reproductions of copyrighted books.

But it does spit out whole paragraphs at a time. This is easy to test by going to any of the GPT-2/3 playgrounds on-line (e.g. AI Dungeon), and playing with prompts. Very specific prompts work best, but sometimes even with a generic prompt, if you let the model continue on its own past the first output, it might just shunt itself into a path where following the most probable continuations happens to reproduce a substantial portion of some work verbatim.

Re: GitHub scraped your code. And they plan to charge you

#166

Earlier quoted context omitted.

> Can't you host code on GitHub that is not "free" for commercial use? If GitHub scraped these projects then it's a problem. It did. It's spitting up the AGPL in empty files, and AGPL'd code isn't free for commercial use. It requires people who use it to make changes available under the same license.

My non-expert reading of the AGPL seems to indicate that using AGPL code in a commercial project is find as long as you don't change it . GitHub wouldn't necessarily have needed to change it to include it in a data set, so I'm not sure there's a license violation. However the gray area is that the massive data set of which it is a part will spit out new code that has, in some way big or small, been influence by the A…

> My non-expert reading of the AGPL seems to indicate that using AGPL code in a commercial project is find as long as you don't change it.

When you combine some [A]GPL code with said commercial project, you create a derivative work. And that work has to be compatible with [A]GPL's conditions as well. Which is usually not great for a commercial (closed-source) project.

Re: GitHub scraped your code. And they plan to charge you

#167

Earlier quoted context omitted.

If large company violated my open source license, I'd certainly have a problem with it. Use my code all you want, but follow the basic rules. There's entire websites dedicated to GPL violations; people do care.

If the license allows commercial use, what would the GPL violation be in this case?

GPL allows commercial use. Under certain conditions.

Re: GitHub scraped your code. And they plan to charge you

#168
post #163

How does Copilot avoid training on malicious code? There might be bad actors who would love to have their code scraped for this...

I bet there are bad actors already starting to spam GitHub with sensibly looking projects that have hidden vulnerabilities, in hopes the next retraining of Copilot will pick them up.

Re: GitHub scraped your code. And they plan to charge you

#169

Earlier quoted context omitted.

> Can't you host code on GitHub that is not "free" for commercial use? If GitHub scraped these projects then it's a problem. It did. It's spitting up the AGPL in empty files, and AGPL'd code isn't free for commercial use. It requires people who use it to make changes available under the same license.

My non-expert reading of the AGPL seems to indicate that using AGPL code in a commercial project is find as long as you don't change it . GitHub wouldn't necessarily have needed to change it to include it in a data set, so I'm not sure there's a license violation. However the gray area is that the massive data set of which it is a part will spit out new code that has, in some way big or small, been influence by the A…

> My non-expert reading of the AGPL seems to indicate that using AGPL code in a commercial project is find as long as you don't change it

Any restriction imposed by the GPL is also true for the AGPL. In particular, if you reuse some code from a (A)GPL project, even if you don't change the code, you must release your whole project under this license too, and give attribution to the author.

For the LGPL, the same thing applies, except you can reuse LGPL code in your code without releasing it under a *GPL license if someone can replace this code at execution time by another code (static linking does not allow this).

Re: GitHub scraped your code. And they plan to charge you

#170
post #139

To me it seems, the whole subject requires additional consideration in licensing. It is a little like applying telephone based law to the internet. It will not 100% fit. If the creators interests are not clearly expressed anymore with a license, we need updates to the license texts. Let's look at MIT: ____________________ "Permission is hereby granted, free of charge, to any person obtaining a copy of this software a…

> Now what about any generated new source? How similar does it need to be to any source to be a copy? At what size of the generated code it qualifies to be a copy instead of a snippet of industry best practice?

Let's handle the simplest case first: Copilot can and does regurgitate large pieces of its training dataset verbatim. This is a well-known and trivially demonstrable property of all ML models in this family. Would such exact copy fall under the license of the code being copied? This of course needs to be tested in courts, but my gut says "yes". The problem now is, if you're using Copilot, you may end up with such copied code in your codebase without ever knowing, and this might open you to liability.

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