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We've filed a lawsuit against GitHub Copilot

githubcopilotlitigation.com

251–260 of 824 posts

Re: We've filed a lawsuit against GitHub Copilot

#251

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

#252

Maybe I'm being too cynical, but this feels like it's more a law firm and individual looking to profit and make their mark in legal history rather than an aggrieved individual looking for justice. Programmer/Lawyer Plaintiff + upstart SF Based Law Firm + novel technology = a good shot at a case that'll last a long time, and fertile ground to establish yourself as experts in what looks to be a heavily litigated area o…

I have a friend from highschool who does class action lawsuits. He spends a very large amount of money funding his suits on things like expert witnesses among other things, only 1 in 5 pays off, so it has to pay off well. His model is similar to venture capitalism. Most of these cases take 5-7 years to execute. So he basically takes out loans from another laywer to fund them. His average pay for the last 10 years has been around $140k/year. Some years he makes nothing and pays out a lot, others he makes several million and pays back all the loans. Another way to think of it is like giving money to tax fraud wistleblowers.

Yes he does think of it somewhat like that, establishing himself in an area. However a lot of his work comes from finding people aggrieved by something not them finding him.

Re: We've filed a lawsuit against GitHub Copilot

#253

I hope this case will fail and establish a good precedent for all future AI litigations and may be even prevent new ones. Your code is open source - irregardless of license, one might read it as a text book and then remember or even copy snippets and re-use this somewhere else unrelated to the original application. If you don't like this, don't make your code open source. This was happening and is happening independe…

No thank you. I put a license to be followed, not to just be disregarded by an AI as "Learning material". No human perfectly reproduces their learning material no matter what, but Copilot does.

So are you ok with it being illegal for humans to learn from copyrighted books unless they have a license that explicitly allows learning? That does not sound like a pleasant consequence.

Re: We've filed a lawsuit against GitHub Copilot

#255

If a software developer learns how to code better by reading GPL software and then later uses the skills they developed to build closed source for profit software should they be sued?

A human doesn't perfectly reproduce the same code he learned from.

Re: We've filed a lawsuit against GitHub Copilot

#256
post #41

A a GitHub user, is there a way to support GitHub against this lawsuit? Obviously not financially as Microsoft has basically YES amounts of money.

If you had legal expertise and a strong opinion on the matter I suppose you could write a persuasive brief for the consideration of the court. If you have a strong opinion but aren't a legal eagle you could write to your legislators in support of legislation explicitly supporting this use case or organize the support of people more capable in that arena.

If you are opinionated but lazy, no judgement here as I sit here watching TV, you could add a notation at the top of your repos explicitly supporting the usage of your code in such tools as fair use.

Notably if your code is derivative of other works you have no power to grant permission for such use for code you don't own so best include some weasel words to that effect. Say.

I SUPPORT AND EXPLICITLY GRANT PERMISSION FOR THE USAGE OF THE BELOW CODE TO TRAIN ML SYSTEMS TO PRODUCE USEFUL HIGH QUALITY AUTOCOMPLETE FOR THE BETTERMENT AND UTILITY OF MY FELLOW PROGRAMMERS TO THE EXTENT ALLOWABLE BY LICENSE AND LAW. NOTHING ABOUT THIS GRANT SHALL BE CONSTRUED TO GRANT PERMISSION TO ANY CODE I DO NOT OWN THE RIGHTS TO NOR ENCOURAGE ANY INFRINGING USE OF SAID CODE.

Years from now when such cases are being heard and appealed ad nauseam a large portion of repos bearing such notices may persuade a judge that such use is a desired and normal use.

You could even make a GPLesque modification if you were so included where you said. SO LONG AS THE RESULTING TOOLING AND DATA IS MADE AVAILABLE TO ALL

Note not only am I not your lawyer, I am not a lawyer of any sort so if you think you'll end up in court best buy the time of an actual lawyer instead of a smart ass from the internet.

Re: We've filed a lawsuit against GitHub Copilot

#257

I hope this case will fail and establish a good precedent for all future AI litigations and may be even prevent new ones. Your code is open source - irregardless of license, one might read it as a text book and then remember or even copy snippets and re-use this somewhere else unrelated to the original application. If you don't like this, don't make your code open source. This was happening and is happening independe…

The problem is that copyright laws were introduced for a reason, and with a thinking similar to yours we might decide to get rid of copyright altogether, which I think is a bad idea.

P.S. I am not a lawyer.

Re: We've filed a lawsuit against GitHub Copilot

#258

If a software developer learns how to code better by reading GPL software and then later uses the skills they developed to build closed source for profit software should they be sued?

Copilot is not a person, it is a piece of software.

Re: We've filed a lawsuit against GitHub Copilot

#259
post #36

It feels weird saying this but, for once, I hope the big evil corporation gets to keep selling their big bad product. I find the pattern matching and repetitive code generation really helpful. And the library autocomplete on steroids, too. Meh. Tricky subject.

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