Re:GitHub Copilot is not infringing copyright
by dahart on Monday July 05, 2021 @07:39PM
(#27742855)
> GH showing you some source code on their website is akin to reproduction
This is clearly and unambiguously defined as “publication” in the copyright law, where “publication” is defined as distributing copies. (And GitHub’s TOS also calls showing you code “publish”).
There is nothing to wait for, and the law and many court cases have already established clear definitions and precedent on these terms. You just got stuck on the wrong idea, it happens, it’s okay, but if you are curious about copyright and interested in discussing it here, it will certainly help to improve your understanding of the terminology.
> GH taking chunks of code from here and there […] is more akin to the physical concept of redistribution
No, this is still just wrong. You’re talking about derivative works, which is also defined in the copyright legal code. There is no such physical concept of mixing and matching that is called “redistribution” in legal terms. I’m not sure where that idea came from, it might make sense to you or in some narrow contexts, but generally speaking and specifically wrt copyright law, distribution has nothing to do with whether you sample a work nor whether you make a new work out of old works.
This is clearly and unambiguously defined as “publication” in the copyright law, where “publication” is defined as distributing copies. (And GitHub’s TOS also calls showing you code “publish”).
There is nothing to wait for, and the law and many court cases have already established clear definitions and precedent on these terms. You just got stuck on the wrong idea, it happens, it’s okay, but if you are curious about copyright and interested in discussing it here, it will certainly help to improve your understanding of the terminology.
> GH taking chunks of code from here and there […] is more akin to the physical concept of redistribution
No, this is still just wrong. You’re talking about derivative works, which is also defined in the copyright legal code. There is no such physical concept of mixing and matching that is called “redistribution” in legal terms. I’m not sure where that idea came from, it might make sense to you or in some narrow contexts, but generally speaking and specifically wrt copyright law, distribution has nothing to do with whether you sample a work nor whether you make a new work out of old works.