Earlier quoted context omitted.
> It's likely that generative AI in general will be deemed fair use, due to its (generally) transformative nature. This isn't how "fair use" works, in the sense that there can never be a blanket assurance like that. Also, whether the result is "transformative" is just one of many factors (see audio sampling/remixing).
It's not how fair use works now , but many things about copyright law will have to change radically over the next few years. There's too much at stake.
Microsoft will assume liability for legal copyright risks of Copilot
211–220 of 398 posts
Re: Microsoft will assume liability for legal copyright risks of Copilot
#212Earlier quoted context omitted.
> I mean you know collages are legal right? You literally take 100s of copyrighted pictures and put them together and suddenly it's perfectly legal and ok. Really? When has this been done?
You've never seen a collage?
Re: Microsoft will assume liability for legal copyright risks of Copilot
#213Earlier quoted context omitted.
> What if you train it only one my huge repo of GPL code? You are just remixing my code. The word "remixing" here is useful because it will fit any conclusion the reader prefers. Arguably even in your reductive example, the result would be non-infringing. Or not. Which conclusion you reach is exactly the topic under debate. Isn't this textbook question begging?
But in this case the LLM will predict the next token based on the input data, all the input is mine , Microsoft tweaked some numbers to make the interpolation mroe correct. Imagine I get the Windows source code and rename the variables by adding a "314" after each varaible, after each function name and rebuild Windows, in your definition this is remixing and fair ?
Where you like it or not this is an undecided area both legally and morally. Pretending it's clear cut is either disingenuous or delusional.
Re: Microsoft will assume liability for legal copyright risks of Copilot
#214Earlier quoted context omitted.
Copyrighted code with a GPL license is copyrighted code as far as copyright law is concerned. Copyright is the basis on which GPL is built. The GPL does not apply to anything that is fair use, public domain, or otherwise not copyrighted. If the author does not have copyright to the work in question, they don't have a right to license it. This is all to say: the question about copyright and fair use remains exactly th…
you are assuming fair and impartial judgement that is then implemented
Re: Microsoft will assume liability for legal copyright risks of Copilot
#215It may not be that simple: Microsoft may assume liability but an infringer can still be sued separately. MS may then be on the hook for the court costs. But you can't just categorically shield the users of a product from being sued. This is the key bit: "Specifically, if a third party sues a commercial customer for copyright infringement for using Microsoft’s Copilots or the output they generate, we will defend the c…
Litigation is almost universally outsourced, especially for cases where damages might be large, even by companies like Microsoft.
The point is just to lower the resistance to adoption that legal risk causes.
Re: Microsoft will assume liability for legal copyright risks of Copilot
#216Earlier quoted context omitted.
What if I learned to code based only on your huge repo of GPL code? I'd just be remixing your GPL code at that point, right? Will you brand all of my output as being GPL as well?
>What if I learned to code based only on your huge repo of GPL code? I'd just be remixing your GPL code at that point, right? Will you brand all of my output as being GPL as well? This never happens, you will first learn from a book or tutorials. But your idea is sound, have Microsoft buy books from the authors and train the LLM on those books then have the LLM solve new problems. If is an AI and not a text interpola…
I have learned to code almost entirely from reading code. I hate tutorials and books.
I occasionally skim docs but mainly for the code examples.
So "never happens" is a curious take.
Re: Microsoft will assume liability for legal copyright risks of Copilot
#217Earlier quoted context omitted.
> it extinguishes the legal protections of the owner by making the barrier to sue extraordinarily high So then it supports the sharing of code for anyone to use freely, which is the opposite of the "extinguish" strategy that microsoft did in the past. > would you be OK with Microsoft effectively stealing that protected work I think that copyright protections are way way to strong and I support making almost all of th…
> side step copyright protections So, are you saying people should only obey the laws they agree with when those people feel they're morally justified higher than those who voted for the laws in the first place, because it's your opinion to do so or did I not grok what you are saying you support?
Depends on what the law is.
Also, this may not even be illegal. Maybe this is just a legal loophole, and people are obeying the law.
In which case I am very happy that Microsoft found a completely legal loophole that will cause more code to be shared.
So by " side step copyright protections", we could just say that this is a completely legal loophole that has the effect of allowing more code to be shared but does not overrule other laws.
Which I think is good!
Re: Microsoft will assume liability for legal copyright risks of Copilot
#218> Microsoft will assume liability for legal copyright risks of Copilot Extinguish.
The logical leaps here are insane. You're saying that if Copilot replicates GPL-licensed software, that it will kill the GPL? after all the time and money MS have spent to do this in the past, only to fail? wtf
They may have, over the past decade, embraced a lot of open source software out of necessity, but their stance on licensing hasn't changed.
Creating an epidemic of hard-to-prove GPL violations could be a death-by-a-thousand-cuts strategy to try to invalidate the GPL requirements by making them appear unenforceable. Whatever cost Microsoft would incur defending customers could pay for itself if Microsoft manages to legally invalidate the parts of GPL licensing that prevent their corporate exploitation.
Using a bleeding-edge technology like generative AI is a great way to attack the GPL in court, given the risk that our court system isn't likely to be tech savvy enough not to be manipulated by Microsoft's claims against the GPL as it relates to casual infringement that they are enabling.
Re: Microsoft will assume liability for legal copyright risks of Copilot
#219Let Microsoft first publish a Copilot model that's trained on the internal codebases of Azure, Windows and Office. That's the only way Microsoft can convince me that they truly believe Copilot is non-infringing technology.