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All public GitHub code was used in training Copilot

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Re: All public GitHub code was used in training Copilot

#291

While I’m not trying to lessen the implications of something like this, but didn’t we all agree to them being able to do this when we agreed to their TOS?

Let's assume that is enforceable through the TOS (which I doubt), would that make hosting GPL'd code on Github a violation of the GPL? If programmer X releases GPL'd code on his website and programmer Y copies it to Github, then it could presumably be considered a bypass of the copyright.

Re: All public GitHub code was used in training Copilot

#292
post #49

So why did GitHub chose to exclude private repositories? Why not include everything, including the code for windows?

In training on publicly accessible repositories, GitHub did something anybody could have done. If they also used private repositories, though, I would see that as abusing their position.

Re: All public GitHub code was used in training Copilot

#293
post #246

Earlier quoted context omitted.

I assume the code is a derivative work of training data because given different data code would be also different (neuron weights)

If I read a GPL implementation of a linked list and then write my own linked list implementation, was my neural network in my brain a derivative work of the GPL code?

Sure it is, you brain is not software though

Re: All public GitHub code was used in training Copilot

#294

Ok, my curiosity has been fired here... I have conjured up two scenarios here: Let's say I use copilot to generate a bunch of code for an app, something substantial, and it regurgitates a load of bits and pieces from many sources it got from GitHub, I'd assume there won't be any attribution in it... it will be as if Copilot made the code itself (I know it sort of does but lets not split hairs!). I'm guessing the prev…

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Re: All public GitHub code was used in training Copilot

#295

Could this be the beginning of the true test of open source licenses? My understanding is that there has never been a ruling by a court to give precedence to the validity or scope of any open source license. I can see a class action suit coming on behalf of all GPL licensed code authors.

GitHub used code that wasn't under any license at all, just publicly visible. Their claim is not that the license allows what they're doing, but that they do not need a license.

Re: All public GitHub code was used in training Copilot

#296
post #261

Earlier quoted context omitted.

No, see Authors Guild v. Google. Even without a license or permission, fair use permits the mass scanning of books, the storage of the content of those books, and rendering verbatim snippets of those books. The Google Books site is not a derivative work of the millions of authors they copied from, and if they did copy any coincidentally GPL, AGPL, or creative commons copyleft work, the fair use exception applies befo…

You're strongly and incorrectly implying that "Fair Use" is a clear (and relatively immutable) concept within copyright law, which couldn't be further from the truth. Even if this or that particular case sets out what appears to be solid grounds, one shouldn't take that as gospel by any means. This mostly has to do with the nature of the wishy-washy nature of the 4 part Fair Use test, which, unlike decent legal tests…

> Is it Novel? Is it Non-Obvious?

Those questions for patents are barely more clear-cut than copyright fair use tests, there is lots of room for disagreement.

It's definitely true that a fair use defense against copyright infringement varies a lot by the field of work and norms can develop which are relevant to court cases. The music field is a mess, the "Blurred Lines" judgement was total bullshit. But the software field is not without its own copyright history and norms so there's no reason to expect everything to go to hell.

Re: All public GitHub code was used in training Copilot

#297
There are a lot of posts here debating if licenses still apply when copilot generates verbatim code. The answer is yes.

Copilot is currently a technical preview. Github has already said they intend to detect verbatim code and notify the user and present the correct license. That'll be in the final release.

Don't use the technical preview for anything except demoing a cool concept. It's not ready for that yet because it will reproduce licensed code and not tell you.

Re: All public GitHub code was used in training Copilot

#298
post #261

Earlier quoted context omitted.

No, see Authors Guild v. Google. Even without a license or permission, fair use permits the mass scanning of books, the storage of the content of those books, and rendering verbatim snippets of those books. The Google Books site is not a derivative work of the millions of authors they copied from, and if they did copy any coincidentally GPL, AGPL, or creative commons copyleft work, the fair use exception applies befo…

You're strongly and incorrectly implying that "Fair Use" is a clear (and relatively immutable) concept within copyright law, which couldn't be further from the truth. Even if this or that particular case sets out what appears to be solid grounds, one shouldn't take that as gospel by any means. This mostly has to do with the nature of the wishy-washy nature of the 4 part Fair Use test, which, unlike decent legal tests…

I think it would be pretty easy to stake opinions on those "boolean questions."

Is (was?) a swipe gesture novel? Is it non-obvious?

Re: All public GitHub code was used in training Copilot

#299

There are a lot of posts here debating if licenses still apply when copilot generates verbatim code. The answer is yes. Copilot is currently a technical preview. Github has already said they intend to detect verbatim code and notify the user and present the correct license. That'll be in the final release. Don't use the technical preview for anything except demoing a cool concept. It's not ready for that yet because…

> If licensing still apply when copilot generates the code. The answer is yes.

Please provide a source for this.

Re: All public GitHub code was used in training Copilot

#300
post #185

If the training set contains verbatim (A)GPL code does this mean that Copilot also should be distributed by Microsoft under GPL? Because without it Copilot (as it is distributed by Microsoft) couldn't be built, wouldn't it make it a derivative work of GPL'd code (and obviously every other license)? I see a lot of people comparing human learning to machine learning in the comments, but there is a huge difference - we…

Assuming that copilot is a violation of copyright on GPL works, it would also be a violation of non-GPL copyrighted works, including public but, but fully copyrighted works. Therefor relicensing others source code under GPL would violate even more copyright.
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