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A comment on GitHub Copilot is not infringing copyright. Parent comment

Re:GitHub Copilot is not infringing copyright by dminor on Monday July 05, 2021 @03:20PM (#27741066)
The basis of the GPL is copyright, so what you're really asking is whether you can use part of a copyrighted work in another work without infringing.

And the answer as always is "it depends".

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Re:GitHub Copilot is not infringing copyright by danudey on Monday July 05, 2021 @04:18PM (#27741468)
If I use Copilot and it suggests a large block of GPL2'ed code for my project, which I then include, then that is a GPL2 license violation.

Whether the GPL2 will hold up in court, or whether the courts will uphold this specific case (e.g. can you prove intent? Do you need to?), is a separate issue entirely.

The next question is, can I use GPL'ed code in my product and then claim that it was injected by Copilot to avoid repercussions of my actions if caught?

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Re:GitHub Copilot is not infringing copyright by dminor on Monday July 05, 2021 @10:01PM (#27743548)
> If I use Copilot and it suggests a large block of GPL2'ed code for my project, which I then include, then that is a GPL2 license violation

Not necessarily. Even 11k lines of copied code might fall under fair use, as Oracle recently discovered ;)

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Re:GitHub Copilot is not infringing copyright by zarzavat on Monday July 05, 2021 @09:18PM (#27743372)
> If I use Copilot and it suggests a large block of GPL2'ed code for my project

But why would copilot do this? It's a language model not a database.

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