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We've filed a lawsuit against GitHub Copilot

githubcopilotlitigation.com

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Re: We've filed a lawsuit against GitHub Copilot

#171

Earlier quoted context omitted.

Does that mean any perfectly optimal function is copyright-free?

Any function devoid of "creativity" is. No choices equal no creativity. As a note the same applies to logos. Very simple logos that are only some lines and shapes, do not have copyright (in usa)

Logos can still have trademark without having copyright as creativity is not a requirement of trademarks.

Re: We've filed a lawsuit against GitHub Copilot

#172
post #85

Earlier quoted context omitted.

Say I produce a licensed library. Someone can pay me $5/year per license. I keep the code private and compile the code before sending it to customers. If you have co-pilot trained on my code base (which was private), that then reproduces near replica's of my code then they sell it for $5/year... Well, I'm eligible for damages.

> that then reproduces near replica's of my code Copying a few lines is not the same as copying the whole thing. Sharing quotes from a book is not copyright infringement.

If your intent is to create a competing product for profit, chances are that won't be found as fair use, given that determining fair use depends on intent and how the content is used.

Using clips from a movie in a movie review is probably fair use.

Using clips from a movie in knock-off of that movie for profit? Probably not fair use if it's not a parody.

Copilot is not like a movie reviewer using clips to review a movie. Copilot is like a production team for a movie taking clips from another movie to make a ripoff of that movie and selling it.

Re: We've filed a lawsuit against GitHub Copilot

#173
post #47

On page 18, they show Copilot produces the following code: >function isEven(n) { > return n % 2 === 0; >} They then say, "Copilot’s Output, like Codex’s, is derived from existing code. Namely, sample code that appears in the online book Mastering JS, written by Valeri Karpov." Surely everyone reading this has written that code verbatim at some point in their lives. How can they assert that this code is derived specif…

There is no way in hell that isEven is covered by copyright. "In computer programs, concerns for efficiency may limit the possible ways to achieve a particular function, making a particular expression necessary to achieving the idea. In this case, the expression is not protected by copyright." https://en.wikipedia.org/wiki/Abstraction-Filtration-Compari... Think about how absurd this is. So if Microsoft was the first…

> There is no way in hell that isEven is covered by copyright.

Hey, I said the same thing about APIs, but here we are.

Edit: Actually, the Supreme Court declined ruling whether APIs are copyrightable, but they did say that if they are, reusing them like google reused the java apis in android would fall under fair use. Given that lower courts did think that APIs should be copyrightable, we don't know if they are anymore.

Re: We've filed a lawsuit against GitHub Copilot

#174

I'm not confident in this stance - sharing it to have a conversation. Hopefully some folks can help me think through this! The value of copyleft licenses, for me, was that we were fighting back against the notion of copyright. That you couldn't sell me a product that I wasn't allowed to modify and share my modifications back with others. The right to modify and redistribute transitively though the software license ga…

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Re: We've filed a lawsuit against GitHub Copilot

#176

I'm not confident in this stance - sharing it to have a conversation. Hopefully some folks can help me think through this! The value of copyleft licenses, for me, was that we were fighting back against the notion of copyright. That you couldn't sell me a product that I wasn't allowed to modify and share my modifications back with others. The right to modify and redistribute transitively though the software license ga…

Nobody is laundering away proprietary livenses, because that code is not open source and not in public github repos. And OSS capabilities are now present in copilot, which is neither free nor open. Furthermore these contributions are making their way into proprietary code and the OSS licensing becomes even further watered down. This is the epitome of what copyleft is against!

Re: We've filed a lawsuit against GitHub Copilot

#177

Quoted post unavailable.

That's not really right.

Copilot isn't just "displaying" something. Copilot has mined the collective efforts of developers in an effort to produce derivative works, without permission, re-distributing that value without giving anything back.

It'd be like suing Adobe because photoshop comes bundled with a your holiday photos, without permission, and uses those to in a "family photos" filter.

Large scale mining of value and then selling it without due credit or reward for those you stole that value from is plain theft.

Re: We've filed a lawsuit against GitHub Copilot

#179
post #95

I am not against this lawsuit but I'm against the implications of this because it can lead to disastrous laws. A programmer can read available but not oss licensed code and learn from it. Thats fair use. If a machine does it, is it wrong ? What is the line between copying and machine learning ? Where does overfitting come in ? Today they're filing a lawsuit against copilot. Tomorrow it will be against stable diffusio…

> A programmer can read available but not oss licensed code and learn from it. Thats fair use. If a machine does it, is it wrong ? You can learn from it, but if you start copying snippets or base your code on it to such an extent that its clear your work is based on it, things start to get risky. For comparison, people have tried to get around copyright of photos by hiring an illustrator to "draw" the photo, which do…

Why wouldn't drawing the photo be fair use can you cite a case?
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