Re:Is GitHub Copilot a blessing, or a curse?
by dmurray on Tuesday July 20, 2021 @07:05AM
(#27892284)
I don't think there's any water in that argument at a fundamental level. By that logic you could encode copyrighted information in any reversible format and it would be OK.
If I copy the code line by line with my eyes and keyboard, then the code briefly doesn't exist, but the instructions to recreate it do. Copying it is then a two-phase process: first I read the code, then I type it in. It is clear that I'm allowed to look at the code, so it's the action of typing it in that violates copyright. In the same way, distributing Copilot doesn't necessarily break copyright, but using it may.
If I copy the code line by line with my eyes and keyboard, then the code briefly doesn't exist, but the instructions to recreate it do. Copying it is then a two-phase process: first I read the code, then I type it in. It is clear that I'm allowed to look at the code, so it's the action of typing it in that violates copyright. In the same way, distributing Copilot doesn't necessarily break copyright, but using it may.