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Re:Copilot sells code other people wrote by HumanReadable on Thursday June 23, 2022 @06:46AM (#31847271)
Sorry for the unproductive tone of this comment, but there's something about the attitude of this tweet that really grinds my gears.

Any time someone invents something new and incredible, there's always a crowd of negative nancies eager to discredit and explain why the invention is nothing new and a detrement to society.

I don't understand why someone would willingly share their code on github where it is publicly available just to complain when others make use of that knowledge.

'co-pilot just sells code other people wrote' is such a ridiculous understatement of what co-pilot does. Instead of marvelling at the human ingenuity that went into creating it, they sneer at the audacity of openAI to do something without first asking their permission.

Re:Copilot sells code other people wrote by meheleventyone on Thursday June 23, 2022 @06:50AM (#31847306)
They own their code and it either has a license for use or is implicitly rights retained if not. If Copilot regurgitates their code, from a project that is public but with a non-permissive license they are having their IP rights violated so are totally correct in being unhappy about that.

Just because you’ve made something cool doesn’t give you the right to harm others in the process.

If MS or OpenAI don’t think this is the case then they should have also included their private repositories.

Re:Copilot sells code other people wrote by zarzavat on Thursday June 23, 2022 @07:18AM (#31847504)
The entire point of a fair use right is that you don’t need the copyright owner’s permission to be able to exercise it. Fair use allows you to do things that the copyright owner doesn’t like.

Is fair use on a massive scale still fair use? Courts generally think so, otherwise Google would have been out of business a long time ago.

Re:Copilot sells code other people wrote by meheleventyone on Thursday June 23, 2022 @07:20AM (#31847521)
Is this fair use? I don't think that's been established yet. And if it is why didn't MS and OpenAI train it on their private code repositories? Fair use for thee not for me isn't very in keeping with the spirit of that claim.
Re:Copilot sells code other people wrote by komadori on Thursday June 23, 2022 @08:17AM (#31847984)
Gosh, can you imagine if they had trained it on their internal source code repositories and it constantly suggested using Hungarian notation for your variables? ;-)
Re:Copilot sells code other people wrote by jimnotgym on Thursday June 23, 2022 @07:53AM (#31847775)
I sometimes read people's open source code on github and use the ideas from that to develop my own ideas. In fact sometimes I copy and paste short passages and then rework them. I also employ a team of people who may do the same. Is that fair use, yes of course it is. Is co-pilot automating that fair use, I would say so.
Re:Copilot sells code other people wrote by nirvdrum on Thursday June 23, 2022 @08:38AM (#31848171)
Many people would claim what you're doing is a derivative work. I'm not sure the "of course it is" is very clear-cut (at least in the US). I've worked at big companies that have lawyers that care very much about this topic and what you're describing is prohibited. But, maybe it's different if you're not distributing your source.
Re:Copilot sells code other people wrote by zarzavat on Thursday June 23, 2022 @02:10PM (#31853000)
> I've worked at big companies that have lawyers that care very much about this topic and what you're describing is prohibited.

They are doing this to make sure that any lawsuit can be easily dismissed. It has nothing to do with the legality of the action (which sounds like fair use as the parent described it), and everything to do with the expense of a potential lawsuit compared to the cost effectiveness of simply telling developers “don’t do that”.

Most people think that the law has two shades: lawful vs unlawful. But the more practical distinction is expensive lawsuit vs dismissed lawsuit. This is the lens through which corporate lawyers see copyright and it might explain why so many programmers think that copilot is “obviously” breaking the law and “stealing” their code.

Re:Copilot sells code other people wrote by nirvdrum on Thursday June 23, 2022 @03:05PM (#31853767)
If the usage was very clearly fair use, there'd be no need to be defensive about it; the case could be dismissed trivially. In reality, the question would need to be sorted out in court.

Questions of derivative works and fair use come up fairly frequently even in the open source world. This isn't solely a question of corporate lawyer posturing. I don't know any copyleft authors that would be okay with someone copying & pasting their code, making trivial changes, and saying it isn't a derivative work. Of course, their understanding of the law may be flawed. You'll get to find out in court.

You're right. A lot of this boils down to how much you want to spend in court proving your usage is just under fair use. We've moved beyond the question of ethics if you're intentionally violating a project's source license and relying on fair use to do whatever you want with the code. If you want to poke someone with a stick, you can't be surprised when they hit back. I contend what the OP described isn't clearly fair use (note I'm not saying that it clearly isn't fair use either). It ultimately doesn't impact me because I'm just not going to copy & paste code from projects without attribution and following the license, but I'd be worried about anyone reading that comment as objectively true.

Re:Copilot sells code other people wrote by grayfaced on Thursday June 23, 2022 @09:03AM (#31848477)
Or alternately, "I sometimes listen to other people's songs and use those ideas to develop my own. In fact sometimes I copy and paste short melodies and then rework them."

Courts have held that it doesn't apply to music, why do you think different rules apply to code?

Re:Copilot sells code other people wrote by zarzavat on Thursday June 23, 2022 @11:36PM (#31857520)
Courts are definitely aware of the need to protect the creative process and that no song is truly “original” in all aspects. e.g. the Katy Perry case[0]

Songs are different from code, in that the “hook” that makes the money may be only a few seconds long. There are many creative choices that a songwriter/producer can fit into just a few seconds: the harmony, melody, rhythm, lyrics, timbre, effects, ...

Whereas for code, the space of creativity is limited by functional considerations. A creative choice is protected by copyright but not all choices that programmers make are creative. Often the choices are limited by the API/interface or by efficiency considerations and it turns out that there’s only one good way to do something.

A function may be very intricate, yes, while still containing almost no creative value (e.g. a Vulkan setup function). Music doesn’t have an equivalent to this - the placement of every note is a creative act.

[0] https://en.m.wikipedia.org/wiki/Gray_v._Perry

Re:Copilot sells code other people wrote by aahortwwy on Thursday June 23, 2022 @08:31AM (#31848114)
Microsoft's internal policies don't allow their employees to do this without legal approval.
Re:Copilot sells code other people wrote by aaaaaaaaata on Thursday June 23, 2022 @08:35AM (#31848146)
So they don't ask.
Re:Copilot sells code other people wrote by leereeves on Thursday June 23, 2022 @10:00AM (#31849242)
I think aahortwwy's point was that Microsoft won't permit their own employees to do what Copilot does.
Re:Copilot sells code other people wrote by zzo38computer on Thursday June 23, 2022 @05:47PM (#31855556)
> I sometimes read people's open source code on github and use the ideas from that to develop my own ideas.

Yes, I too, and probably many people will do.

> In fact sometimes I copy and paste short passages and then rework them.

This I usually don't unless I check the license first. (Everybody ought to be allowed, but sometimes the license might not be.)

Re:Copilot sells code other people wrote by jcelerier on Thursday June 23, 2022 @08:59AM (#31848422)
What you are doing is very certainly illegal
Re:Copilot sells code other people wrote by MaxBarraclough on Tuesday June 28, 2022 @02:52PM (#31911543)
You're unconvinced it would qualify as fair use?

It reminds me of the Google vs Oracle case. Apparently a court found that copying even a small amount of code in breach of its licence is not permitted. [0]

[0] https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_.... (ctrl-f for de minimis)

Re:Copilot sells code other people wrote by matharmin on Thursday June 23, 2022 @07:57AM (#31847800)
For public repositories, whether copying small parts of code is considered fair use is just a copyright question.

On the other hand, if you copy from private repositories, it quickly gets into the territory of stealing trade secrets.

Re:Copilot sells code other people wrote by jimnotgym on Thursday June 23, 2022 @07:49AM (#31847738)
Just because there has not been a test case yet does not make it illegal! If MS think it is fair use then they are free to go ahead. Business is all about recognising and assesing risks like this.
Re:Copilot sells code other people wrote by tremon on Thursday June 23, 2022 @08:16AM (#31847974)
And even if there had been a legal test case, that does not make it moral! If people think this is socially wrong then they're free to argue their case. Business is all about ignoring ethical quandaries if it gives them an edge.

"Microsoft does it, therefore it must be right" does not a sound argument make.

Re:Copilot sells code other people wrote by aaaaaaaaata on Thursday June 23, 2022 @08:36AM (#31848157)
> Business is all about ignoring ethical quandaries

No, businesses are — not business. Not necessarily...

Re:Copilot sells code other people wrote by jrumbut on Thursday June 23, 2022 @07:45AM (#31847711)
I don't think releasing a commercial product that copies people's code without complying with the license is anywhere near fair use.

Also, the open source community has far less leverage to apply pressure to Google than it does to GitHub. We may be able to do something about this.

Re:Copilot sells code other people wrote by CrazyStat on Thursday June 23, 2022 @08:04AM (#31847869)
> I don't think releasing a commercial product that copies people's code without complying with the license is anywhere near fair use.

The whole point of fair use is that the license doesn't matter. You can have a license that says I'm not allowed to use what you wrote for any purpose ever and I can still use it under fair use.

Re:Copilot sells code other people wrote by jrumbut on Thursday June 23, 2022 @08:17AM (#31847987)
Yes but among the four factors that are used to evaluate fair use claims are whether it is being used commercially (it is) and how it affects the market for the thing that was copied (it clearly would since one way code is used is being imported by other code, if Copilot didn't insert my code into the new app, they might very well use my open source project that provides the same code).
Re:Copilot sells code other people wrote by CrazyStat on Thursday June 23, 2022 @10:30AM (#31849611)
I wasn't staking a position on whether Copilot is fair use, just pointing out that fair use doesn't care about license.

That said, copilot itself is not a replacement for your open source project that it was trained on. The code it generates may or may not be, but that's probably not Github's problem as far as copyright law is concerned.

Re:Copilot sells code other people wrote by Longlius on Thursday June 23, 2022 @09:43AM (#31849009)
IANAL but fair use is primarily about the public interest. What public interest is served by allowing proprietary software vendors to copy GPL code that's reserved for the commons?

I don't really think this argument passes muster.

Re:Copilot sells code other people wrote by pmarreck on Thursday June 23, 2022 @08:33AM (#31848129)
> I don't think releasing a commercial product that copies people's code without complying with the license is anywhere near fair use.

It's just automating the copying and pasting (and slight reworking) of boilerplate code that would normally take me much longer to do, especially when I am working with a language I'm less familiar with but is necessary for my stack. I've literally never seen it suggest code that is more or less almost exactly what I would have come up with given a lot more time. In essence, it eliminates tedium- exactly the point of all of programming: Work elimination.

Re:Copilot sells code other people wrote by RHSeeger on Thursday June 23, 2022 @08:53AM (#31848361)
It seems fairly similar, at least to me, to a search engine copying snippets of other people's web sites and displaying them on a page. Admittedly, there's still some discussion as to whether or not _that_ is fair use, but I think enough of the population think it is (with many news organizations disagreeing).
Re:Copilot sells code other people wrote by izacus on Thursday June 23, 2022 @08:42AM (#31848222)
Unless Copilot is "commenting" or "parodying" the code you've wrote, it's not fair use. Copying and using the code in another project sure as heck IS NOT fair use.
Re:Copilot sells code other people wrote by bayindirh on Thursday June 23, 2022 @09:33AM (#31848881)
An automated system will devour all my code, which is under a case-tested copyleft license, and regenerate its parts in any place, without respecting the license terms, and call it "fair use".

I have two questions:

1. Why have licenses, then?

2. What if I just use leaked sources of closed source software and call it fair use?

Re:Copilot sells code other people wrote by zarzavat on Friday June 24, 2022 @12:18AM (#31857763)
1. Why have licenses, then?

The default under copyright law is that any substantial copy is infringement.

A license is a legal document that grants someone permission to use a work that they otherwise would not have had.

However the law also gives its own permissions to use a work - it defines what is unlawful infringement and what is lawful fair use.

The code snippets that copilot generates look more like fair use than infringement. They are small, adapted to the destination context, and usually not direct copies of one source but more of an average of many different sources. And usually the programmer does not keep the suggestion that copilot suggests unmodified - the programmer does their own editing of the snippet afterwards to further tune it to the surrounding context.

2. What if I just use leaked sources of closed source software and call it fair use?

As pointed out upthread, if it the source code is leaked then there may be trade secret protections. The GPL specifically allows the code to be posted online, so by design it is not secret.

Re:Copilot sells code other people wrote by bayindirh on Friday June 24, 2022 @01:49AM (#31858210)
> As pointed out upthread, if it the source code is leaked then there may be trade secret protections. The GPL specifically allows the code to be posted online, so by design it is not secret.

The reverse maybe true. I may be GPL'ing a code to prevent a useful algorithm from being buried deep inside a commercial code with an incompatible license. What makes it a "trade secret" level code? I have a 25 line algorithm which is worthy of its own paper. What if I open its reference implementation with AGPLv3+?

I have no problems with you reading the paper, and implementing it. I don't obfuscate my papers, but I put the implementation out with AGPLv3+. You can't use that in a codebase with an incompatible license. I expect and want you respect the license of my implementation.

> The code snippets that copilot generates look more like fair use than infringement. They are small, adapted to the destination context, and usually not direct copies of one source but more of an average of many different sources. And usually the programmer does not keep the suggestion that copilot suggests unmodified - the programmer does their own editing of the snippet afterwards to further tune it to the surrounding context.

Emphasis mine. First, there's no consensus on fair use, yet. Second they may be direct copies of the code. Third, they're remixed with other code pieces, which makes it a derivative work of many code pieces at once, then lastly, programmer re-derives the derived work. Which is clearly a derivative of GPL code, which brings in GPL license with itself (if what copilot derives the code from GPL licensed repositories, which it does).

I have no problem with Copilot as a technology. I have no problems with other licenses, which are not breached when used by Copilot and derived and used. The point which makes my blood boil is copilot using this GPL corpus, and don't admitting it publicly, breaching the terms of GPL en masse, and outright ignoring it. Then feeding this GPL derived code to any and all projects which pay for a copilot membership, and calling it a day.

Re:Copilot sells code other people wrote by akagusu on Thursday June 23, 2022 @09:07AM (#31848525)
When co-pilot reproduce substantial parts of someone else code without respecting the license terms, it is not fair use,it is just a disguised license abuse.
Re:Copilot sells code other people wrote by kybernetikos on Thursday June 23, 2022 @09:24AM (#31848757)
> otherwise Google would have been out of business a long time ago.

I do think there are ethical questions around whether it's right for google to digitise physical books without the permission of the authors, and keep them on their servers and make money from them without recompensing the authors. That's something an individual would not get away with doing, so it seems wrong that it's OK for google.

Re:Copilot sells code other people wrote by dkersten on Thursday June 23, 2022 @11:22AM (#31850376)
Fair use is quite narrowly defined though. This doesn’t look like fair use to me, especially when its been shown that copilot does, at least sometimes, spit out code that is completely unchanged from the source material, without advising the user of any license requirements (most permissive licenses require at least attribution).

The SCO vs IBM lawsuit was over only a few lines of code, after all.

I cant use a derivative of Mickey Mouse in my product, even if I change his colour and give him a hat, even if these changes were made by an AI. Why would it be different for code? I cab only use Mickey Mouse as fair use if its done for a specific barrow set of proposes (satire, news reporting etc).

Re:Copilot sells code other people wrote by Hamuko on Thursday June 23, 2022 @07:33AM (#31847613)
What about us that are not Americans?
Re:Copilot sells code other people wrote by zarzavat on Thursday June 23, 2022 @08:06AM (#31847883)
Then you need to check the laws in your country. But that is nothing new to copilot. Copyright laws vary significantly from country to country.
Re:Copilot sells code other people wrote by rurban on Thursday June 23, 2022 @09:02AM (#31848468)
Not really. They are mostly the same across countries: https://en.wikipedia.org/wiki/International_copyright_treati...

There are just minor deviances, not relevant to this case, such as how long Disney bullied the countries to protect a work.

Software is usually considered a work. The AI needs to know if has permissions to copy and use the code, and then offer derived work on the proper terms and conditions. copilot doesn't do that. It might copy GPL code into non-GPL code, thus violating the GPL license, thus being an extreme risk.

Re:Copilot sells code other people wrote by tzs on Thursday June 23, 2022 @06:04PM (#31855689)
What are examples of Disney getting countries to extend copyright terms?

In the US there have only been two extensions of copyright terms since Disney came into existence.

The first was in 1976, as part of a major overhaul of US copyright law to update the previous law (from 1909) to take into account the large changes in technology since then, and to make US law work more like the rest of the world to pave the way for the US later joining the Berne Convention. The changes for Berne compatibility included longer terms.

I assume Disney did support this, but only because as far as I can tell it had pretty widespread support. It had enough support that it would have passed even if Disney had adamantly opposed it.

The second was in 1998, and that was specifically a term expansion (as opposed to a term expansion like that of 1976 that was a side effect of harmonizing US law with the rest of the world). Europe had expanded terms a few years earlier, so the 1998 change in the US might have been motivated at least in part by harmonization, but I don't think the differences in terms between the US and the EU would have been enough to get it passed without some major interests pushing for it, so it is probably fair to give Disney a good part of the credit or blame for this one.

Re:Copilot sells code other people wrote by rurban on Friday June 24, 2022 @03:12AM (#31858618)
I was referring to the extension in 1976 from 28 to 50 years, and the subsequent extension in 1998 to 70 years, which everybody agreed upon that both were on Disney's request (hence its name "Micky-Maus-Schutzgesetz"). Other lobbying partners were the George Gershwin heirs and the Movie Industry (Jack Valenti).

Here you see the countries which did not extend it the 2nd time to 70 years. https://en.wikipedia.org/wiki/List_of_countries%27_copyright...

There was of course no widespread support for these extensions, as all its arguments were flawed and not only violated logic but also several constitutions. https://de.wikipedia.org/wiki/Copyright_Term_Extension_Act#G... (the en version is mostly cleaned on these counter arguments)

Re:Copilot sells code other people wrote by lupire on Thursday June 23, 2022 @08:31AM (#31848103)
"on a massive scale" is one of the legal definitions of unfair use.
Re:Copilot sells code other people wrote by jillesvangurp on Thursday June 23, 2022 @08:24AM (#31848029)
I'm sure the MS lawyers thought long and hard about this and are patiently awaiting any actual lawsuits with confidence in their position. It would be very hard to prove ownership of any snippets. To the point where you can argue that it is just fair use and to the point where companies would think long and hard before committing any resources to fighting MS on this in court at great expense.

I don't think that will happen but it might be interesting if it did.

Re:Copilot sells code other people wrote by amelius on Thursday June 23, 2022 @08:42AM (#31848233)
It will stop being fair use when someone makes an AI that creates cartoon characters based on the figures in Disney movies.
Re:Copilot sells code other people wrote by vlovich123 on Thursday June 23, 2022 @08:30AM (#31848098)
MS is unlikely to be sued here because the infringement claim wold be against their users and my guess is the license indemnifies them against you suing them for defects in the tool you use (ie use at your own risk and if you get sued you agree you won’t sue us).
Re:Copilot sells code other people wrote by kop316 on Thursday June 23, 2022 @08:38AM (#31848176)
> It would be very hard to prove ownership of any snippets. To the point where you can argue that it is just fair use and to the point where companies would think long and hard before committing any resources to fighting MS on this in court at great expense.

I would like to point you to this: https://twitter.com/mitsuhiko/status/1410886329924194309 HN Comments at the time: https://news.ycombinator.com/item?id=27710287

Re:Copilot sells code other people wrote by aaaaaaaaata on Thursday June 23, 2022 @08:34AM (#31848135)
> companies would think long and hard before committing any resources to fighting MS...at great expense

This is the end of Microsoft's actual calculation.

Re:Copilot sells code other people wrote by core-utility on Thursday June 23, 2022 @07:15AM (#31847483)
Do we have any evidence that copilot doesn't check/filter by license?
Re:Copilot sells code other people wrote by meheleventyone on Thursday June 23, 2022 @07:18AM (#31847507)
One of the (ex?) programmers from Valve managed to get it to spit out parts of the Source engine verbatim. He posted a Twitter thread yesterday I believe.
Re:Copilot sells code other people wrote by mustyoshi on Thursday June 23, 2022 @07:26AM (#31847566)
Does that prove it ignores licenses or does that imply the source engine exists verbatim (minus licenses) multiple times on Github?
Re:Copilot sells code other people wrote by meheleventyone on Thursday June 23, 2022 @07:28AM (#31847591)
If it's minus a license then it should be assumed that rights are retained (in the same way you can't just take ownership of an image you find on the internet) so if it were filtering it shouldn't take code from repo's without explicit and favorable licenses. If it is taking code only from repo's with permissive licenses (e.g. MIT) then why aren't they following the attribution requirements?

I don't think you can have your cake and eat it on this one.

Re:Copilot sells code other people wrote by moffkalast on Thursday June 23, 2022 @07:45AM (#31847707)
If I steal some code and put it on Github under MIT that doesn't really make it MIT, I'm just lying that it is. If Copilot then uses that it's still in violation of the law I'd assume (ignorance doesn't exonerate you etc.). So they'd have to verify on a case by case basis, which they obviously haven't given the volume of data they had to feed the thing.

It's kinda shocking that they think they can sell this, even providing it for free is extremely sketchy but at least complies with BSD/GNU/CC licensed stuff I guess.

Re:Copilot sells code other people wrote by Hamuko on Thursday June 23, 2022 @07:47AM (#31847724)
And especially with such blanket statements as "the code you write with GitHub Copilot’s help belongs to you".
Re:Copilot sells code other people wrote by lupire on Thursday June 23, 2022 @08:35AM (#31848143)
Why do you think that the recipient is responsible for verifying that no one else has copyright of code they recieved under license?

Is every product user liable when a vendor ships some stolen code?

Re:Copilot sells code other people wrote by Closi on Thursday June 23, 2022 @01:56PM (#31852807)
> Is every product user liable when a vendor ships some stolen code?

The user would be unlicensed, and in lieu of the vendor resolving this then the user would need to purchase licences to continue using the software legally (ie if a vendor gives you a pirate version of photoshop, you can’t just use it forever just because someone sold it to you).

There are usually clauses in enterprise software agreements that attribute liability for unlicenced components to the vendor for this reason. But ultimately if there isn’t a contract or the vendor vanishes, the user will need to go get a licence.

If you want to test the theory, I’ll send you a few images to put on your website, and when you get a claim through from the copyright owner you can try to argue that I sent it across without a copyright notice so I am liable ;)

Re:Copilot sells code other people wrote by ryukafalz on Thursday June 23, 2022 @09:40AM (#31848971)
> Is every product user liable when a vendor ships some stolen code?

No, but the difference is the users of a product are typically not making and distributing copies. That’s not the case if you use someone else’s code in your project.

Re:Copilot sells code other people wrote by Closi on Thursday June 23, 2022 @07:38AM (#31847658)
It would prove that it doesn't honour all licences - just because the source code exists on Github without a licence doesn't automatically grant a licence to Copilot from a legal perspective.
Re:Copilot sells code other people wrote by micromacrofoot on Thursday June 23, 2022 @07:42AM (#31847690)
just because someone else ignored the license doesn’t mean github is free to blindly vacuum that up
Re:Copilot sells code other people wrote by leakbang on Thursday June 23, 2022 @07:22AM (#31847534)
Can you post the link to that?
Re:Copilot sells code other people wrote by meheleventyone on Thursday June 23, 2022 @07:26AM (#31847569)
Re:Copilot sells code other people wrote by dekhn on Thursday June 23, 2022 @09:32AM (#31848865)
3 lines of fairly generic code?

That's not what copyright is protecting.

Re:Copilot sells code other people wrote by meheleventyone on Thursday June 23, 2022 @11:15AM (#31850271)
Just for the record I was providing some evidence to support this question: "Do we have any evidence that copilot doesn't check/filter by license?"
Re:Copilot sells code other people wrote by dekhn on Thursday June 23, 2022 @11:27AM (#31850462)
I mean, even if the license was placed on the code, that doesn't mean, if it's not protected by copyright, then it's fair game for copilot to scrape, learn from, and emit variations of, the code.

I believe github's lawyers would have had hundreds of hours of dicussion about this and at this point, they believe they are in the right, and anybody who disagrees should use the legal system to resolve the matter.

In the meantime, what it is and isn't doing wrt licenses seems to be poorly understood externally.

Re:Copilot sells code other people wrote by samatman on Thursday June 23, 2022 @07:49AM (#31847739)
This is in fact impossible.

All they could do is filter by the LICENSE file in the repo.

Unfortunately for them, by law copyright and license are determined by the authors and merely represented by a LICENSE file, which could be lying about both.

The court isn't going to accept that excuse when this goes to trial.

Re:Copilot sells code other people wrote by gjadi on Thursday June 23, 2022 @08:13AM (#31847949)
And you can have multiple licenses in the same repository, folders with copyright exceptions, etc.

It's hard enough for us human to find our way in this mess, I've little hope for an AI.

But maybe it's just the first step. The final step being able to sell an AI that understands Copyright management. I'm sure there is a big market for that.

Re:Copilot sells code other people wrote by mroche on Thursday June 23, 2022 @09:00AM (#31848443)
I feel like a few guidelines and standards could help simplify a baseline process:

1) Require each repository to opt-in to be learned from.

2) Require any source file used for learning to have an SPDX license heading.

3) Have a list of approved permissive licenses to avoid any proprietary or copyleft arguments.

Using SPDX headings as the explicit guide would solve the problem of different code content using a different license within a project. An example being QtWayland: the client pieces are Proprietary/LGPL/GPL, whereas the compositor parts are Proprietary/GPL. That's not something you'd know from the license files at the root of the project (and post-6.3 they use SPDX instead of the prior license template heading).

Granted, this doesn't solve the problem of the chain of trust (is the individual publishing the code truly the copyright owner), but I think it would be a basic start for a program like this. The opt-in nature would make things... difficult, but I think that's a fair trade-off for something like this.

Re:Copilot sells code other people wrote by gjadi on Thursday June 23, 2022 @09:22AM (#31848716)
Yes a standard would probably solve the issue.

But until lawyers push for a standard that would make this part of their work irrelevant, I can't see how it could happen :)

Re:Copilot sells code other people wrote by mnd999 on Thursday June 23, 2022 @08:04AM (#31847871)
And that is why this project should never have made it past the brainstorming session.
Re:Copilot sells code other people wrote by bayindirh on Thursday June 23, 2022 @08:43AM (#31848247)
There was a tweet by Nora Tindall (which is deleted) having a screenshot of a mail direct from GitHub stating that GPL code is included in the training of the Copilot and will indeed use it.
Re:Copilot sells code other people wrote by Zambyte on Thursday June 23, 2022 @10:23AM (#31849523)
> from a project that is public but with a non-permissive license

Permissive or not doesn't matter. Public Domain or not is what matters. Permissive licenses still require you to propagate the copyright notice, which Copilot strips.

Re:Copilot sells code other people wrote by causi on Thursday June 23, 2022 @07:51AM (#31847753)
Unfortunately the way IP law works, at least in the US, is that you can use essentially whatever you want as training data and it's up to the user to make sure none of the generated code violates licensing agreements.
Re:Copilot sells code other people wrote by SahAssar on Thursday June 23, 2022 @08:14AM (#31847951)
If that's the case then GH/MS should at least disclose that for the code generated to actually be legal you have to hunt down the actual source (will be hard in a lot of cases) and check the license against your own license.
Re:Copilot sells code other people wrote by monocasa on Thursday June 23, 2022 @08:52AM (#31848353)
Can you point to case law backing that up?
Re:Copilot sells code other people wrote by causi on Thursday June 23, 2022 @09:48AM (#31849086)
Sure.

https://jtip.law.northwestern.edu/2021/05/28/copyright-issue...

However, even if infringement occurs during machine learning, training AI with copyrighted works would likely be excused by the ‘fair use’ doctrine.[ii] For example, in Authors Guild v. Google, Inc.[iii], Google had scanned digital copies of books and established a publicly available search function. The plaintiffs alleged that this constituted infringement of copyrights. The Second Circuit held that Google’s works were non-infringing fair uses because the purpose of the copying was highly transformative, the public display of text was limited, and the revelations did not provide a significant market substitute for the protected aspects of the originals.

Re:Copilot sells code other people wrote by monocasa on Thursday June 23, 2022 @11:13AM (#31850240)
That's training for search to lead to a full copy of the original work with citations, not training for regurgitating verbatim chunks of copywritten works to be incorporated at scale into other copyrighted works while obfuscating their original source.

The Second Circuit's tests listed in your citation specifically fail in this case. It's not highly transformative since it's just regurgitating snippets to be used in other competing works rather than applying the body of works to a different domain. And it's specifically to provide a market substitute for the protected aspects of the original works.

Additionally, none of this says 'its all great and it's on the user to figure it out'.

Re:Copilot sells code other people wrote by causi on Thursday June 23, 2022 @12:06PM (#31851082)
In the US copyright violation is a strict liability statute. Regardless of whether or not a court directly confirms or denies Microsoft's right to use code in that way, the end developer is still liable for whatever he or she uses.
Re:Copilot sells code other people wrote by monocasa on Thursday June 23, 2022 @12:10PM (#31851129)
But that's orthogonal to being able to use whatever you want as training data for an AI.
Re:Copilot sells code other people wrote by causi on Thursday June 23, 2022 @01:02PM (#31852001)
Has the exact issue of a remixing AI been tested in court? No. But everything even remotely similar has been deemed legal. Considering the legal and financial backing on both sides of the issue I expect it to go Microsoft's way even if it does end up before a judge.
Re:Copilot sells code other people wrote by monocasa on Thursday June 23, 2022 @01:19PM (#31852258)
It clearly fails the

> the revelations did not provide a significant market substitute for the protected aspects of the originals.

test of your cited case law though. The courts clearly drew a line at developing AI to inject snippets of copy-written works in similar copy-written works. And in context it would be the developer of the AI at fault (in addition to the end users who also used it to infringe other works in the creation of partially derived works; multiple parties can be at fault).

Basically the courts are making it pretty clear that they would have been against what Google had made if it were suggesting phrases in a plugin for a word processing program to create books that would compete with the original books. But being a separate domain of simply collating existing books and providing better search for their corpus (which led you to the original) was allowed.

Re:Copilot sells code other people wrote by lupire on Thursday June 23, 2022 @08:32AM (#31848120)
Did you just make that up? Github is distributing the copied code to users.
Re:Copilot sells code other people wrote by monocasa on Thursday June 23, 2022 @11:20AM (#31850355)
They did make it up; their cited case law says nothing of the sort.
Re:Copilot sells code other people wrote by causi on Thursday June 23, 2022 @08:38AM (#31848170)
Did you just make that up?

Unfortunately not. It's really stupid.

Re:Copilot sells code other people wrote by wowokay on Thursday June 23, 2022 @09:08AM (#31848537)
I think you might be missing the point of their frustration.

Lots of companies do not put their code in public repositories, granted I understand the perspective of violating a license, but the point is if you don’t want your code used by someone else (even with the risk of not getting credit, don’t know why that matters) then don’t make your repo public period.

To that point, what’s to stop GitHub from making a policy that states: “All public repositories will be utilized in AI training”?

Re:Copilot sells code other people wrote by ryukafalz on Thursday June 23, 2022 @09:12AM (#31848586)
> even with the risk of not getting credit, don’t know why that matters

The point is that it’s not respecting the license, not just that it’s not giving “credit”. If I release code under a GPL license, I damn well don’t want someone using that code under a license that’s not GPL-compatible, no matter how it got there.

Re:Copilot sells code other people wrote by drexlspivey on Thursday June 23, 2022 @08:36AM (#31848161)
Owning code snippets sounds ridiculous to me, like can I own this snippet?

    def average(*numbers):
        return sum(numbers)/len(numbers)
if not is it because it is too small? what’s the minimum line number that ownership kicks into? what if I change the function name and the variable names?
Re:Copilot sells code other people wrote by bayindirh on Thursday June 23, 2022 @08:41AM (#31848220)
If that's under a copyleft license, I can't just copy & paste it under my non-copyleft licensed code and call it mine.

That's as simple as that.

Re:Copilot sells code other people wrote by sidlls on Thursday June 23, 2022 @08:48AM (#31848294)
It can’t be that simple. The function in the GP is not an original idea and is far too simple to merit protection just by slapping a license on it.
Re:Copilot sells code other people wrote by bayindirh on Thursday June 23, 2022 @08:59AM (#31848425)
I don't expect, or support, licensing that small amount of code, and suing everyone to oblivion.

The point I'm trying to make is if something is under a copyleft license, you can't copy and paste it verbatim to something non-copyleft. It's what the license says.

Also, to be pedantic, the function I'm commenting on is pure maths, and you can't license/patent mathematics.

On the other hand, if there's some magic sauce of doing something, let it be 25 lines, what will you say? It's just 25 lines, so you can't license it? To be more pedantic, I actually have an algorithm, which is around 25 lines and does something novel. I've published a paper on it.

If I license the reference implementation with AGPLv3+, and you use it and close it, and if I can't go after you, what's the purpose of the license?

You can read the paper and try to implement it. It's free in that regard.

Re:Copilot sells code other people wrote by williamcotton on Thursday June 23, 2022 @08:52AM (#31848347)
It seems rather silly to me that such small innovations would be worthy of legal protections under either a copyright or copyleft license.

Isn’t there already precedent in other forms of IP, such as chord progressions in music, sentence length in literature, etc?

Re:Copilot sells code other people wrote by dekhn on Thursday June 23, 2022 @09:33AM (#31848880)
Copyleft isn't really a good example. Let's talk about copyright. That fragment of code is not copyrightable on its own. Too small, too trivial.
Re:Copilot sells code other people wrote by bayindirh on Thursday June 23, 2022 @09:38AM (#31848948)
Let's say I have 25 line function which does something novel and can be published as research (which I did, BTW, no joke), and I opened its reference implementation with AGPLv3+.

Is it again too trivial?

Re:Copilot sells code other people wrote by drexlspivey on Thursday June 23, 2022 @09:55AM (#31849165)
is 25 lines the limit then? do you count comments? can I codegolf a few lines to get below the limit?
Re:Copilot sells code other people wrote by bayindirh on Thursday June 23, 2022 @09:59AM (#31849220)
> is 25 lines the limit then?

I don't know. That's my function's length.

> do you count comments?

No comments, no blank lines.

> can I codegolf a few lines to get below the limit?

You bet. But, if you copy my reference implementation, you need to get the license as well.

However, the research is on the open. Read it, implement it. That's no problem.

But, CoPilot is not reading my paper. It's reproducing my function verbatim, which is under a license which has share-alike mechanics.

Re:Copilot sells code other people wrote by trasz on Thursday June 23, 2022 @11:25AM (#31850435)
Not really. You can't copyright a trivial snippet, same way you can't copyright headers.
Re:Copilot sells code other people wrote by bayindirh on Thursday June 23, 2022 @01:39PM (#31852563)
I've provided a more realistic and logical examples in this thread, please refer to them.
Re:Copilot sells code other people wrote by cupofpython on Thursday June 23, 2022 @09:06AM (#31848507)
if you write it yourself, it's fine. if you directly copy it from somewhere you arent allowed to copy from, then it is wrong.

There are no rules about the form of the code itself that governs whether or not someone owns it. Common sense applies. Sure you could "steal" very small, common, code snippets and get away with it; but that doesnt make it less wrong.

When a commercial entity explicitly does it, however, some times we can catch them. Like if they do it through algorithms that we more or less know how they work - i.e. the algorithm is using advanced control flow logic to copy and paste from it's training data set and copyrighted material is in that data set

Re:Copilot sells code other people wrote by drexlspivey on Thursday June 23, 2022 @09:51AM (#31849119)
Point is that you can ask 100 programmers to write an average function and probably most of them will come up with this answer verbatim. How can copyright law handle this? There is also the opposite problem, I can copy a complicated snippet and change the variable names. Am I absolved from liabilities now?
Re:Copilot sells code other people wrote by cupofpython on Thursday June 23, 2022 @10:40AM (#31849743)
If they come up with it on their own, it shouldnt be an issue. Likewise, swapping the variable names does not absolve you from liability.

Copyright really is not only concerned with what exactly is on the page, but also how you got there, and where the knowledge came from to get you there.

What if I read your codebase, and then years later while programming for myself I inadvertently use solutions you came up with while thinking I came up with it myself?

There really are no hard set rules, and this is something that is handled on a case-by-case basis based on whether or not a convincing argument can be made that you copied a novel idea from someone else and claimed it as your own.

We can argue the semantics of it all we want, but the subject area is an active battleground. Typically it only matters when money starts to get involved, since no one usually presses the issue or gets involved with random personal projects. So when an enterprise level company leverages that lack of caring into a proprietary pay-to-use project that operates by copying and pasting code from copyrighted material, then it seems like a case might be able to be made for it.

Re:Copilot sells code other people wrote by ipaddr on Thursday June 23, 2022 @08:53AM (#31848357)
Someone trademarked the word THE yesterday and a few common musical notes and your video gets banned
Re:Copilot sells code other people wrote by nojs on Thursday June 23, 2022 @08:18AM (#31847989)
It doesn’t really “regurgitate code” all that much in practice though. It’s a super impressive product and these arguments seem more like people looking for an excuse to hate new, scary technology.
Re:Copilot sells code other people wrote by jstummbillig on Thursday June 23, 2022 @08:20AM (#31848000)
In light of this potential new paradigm it's bewildering how people still manage to focus on the license of training material as if it even moved the needle in this context, even a little bit.

OSS knights: THE LICENSE.

MS: Aight, I guess we have a few lines of hq src to help out with…

Github: Same.

Other OSS people: We really don't care one way or the other.

As long as the word of the lincense was upheld for another 2 weeks before it ceased to matter for the rest of all time.

Jesus fucking christ. People. I get that oss licensing is dear to the collective hn heart – but, at best, it's completely irrelevant in regards to where this will inevitably lead, regardless of current questions/issues with license violations. You can (if all the repos of MS and Github are not enough to train this thing on, which is a laughable idea) even fucking buy additional source code if that's what it takes to strengthen Copilots legal foundation. The cost is insignificant. People will be happy to sell for super cheap. It's a non issue.

Why do you wilfully choose to be distracted instead of facing and thinking about the future together?

Re:Copilot sells code other people wrote by lin83 on Thursday June 23, 2022 @07:15AM (#31847485)
> Instead of marvelling at the human ingenuity that went into creating it, they sneer at the audacity of openAI to do something without first asking their permission.

Something being cool doesn't exempt it from discussion of its ethics and certainly doesn't exempt it from legal consequences. Often what people call "disruption" is often just exploiting resources/people/their work in unsustainable ways until oversight is introduced.

If CoPilot is copy/pasting large amount of code with unknown licenses, that is a large and real risk for users aside from violating open source projects licenses.

Re:Copilot sells code other people wrote by moffkalast on Thursday June 23, 2022 @07:52AM (#31847762)
Moreover it's a genuine danger for non-hobbyist developers since you could be including stolen code into a market product.

Even including something banal like Linux is already problematic since it's GNU licensed, which by extension makes your entire project GNU licensed and you can't keep the exclusive rights to it.

Re:Copilot sells code other people wrote by ryukafalz on Thursday June 23, 2022 @09:46AM (#31849060)
Just to clear this up, since I’ve heard this a lot before:

> since it's GNU licensed, which by extension makes your entire project GNU licensed and you can't keep the exclusive rights to it

This is incorrect. Including GPL code in your product cannot automatically relicense your code. It’s just a copyright violation if your product’s license isn’t GPL-compatible and you don’t abide by the GPL.

Re:Copilot sells code other people wrote by leereeves on Thursday June 23, 2022 @10:02AM (#31849263)
> Something being cool doesn't exempt it from discussion of its ethics and certainly doesn't exempt it from legal consequences.

Indeed. The heist in Ocean's Eleven was cool, but it was still theft.

Re:Copilot sells code other people wrote by nextaccountic on Thursday June 23, 2022 @06:56AM (#31847359)
> I don't understand why someone would willingly share their code on github where it is publicly available just to complain when others make use of that knowledge.

Because they shared the code under a license, and they have the right to complain if people use that code but don't follow the license.

For example, what happens if Github Copilot spits a copy of some copyrighted code verbatim? Is laundering open source code through a machine learning model a loophole for not having to follow the license?

Often following the license is as simple as giving credit to the original author.

Re:Copilot sells code other people wrote by bborud on Thursday June 23, 2022 @07:26AM (#31847570)
I've done a fair number of technical due diligence projects on acquisitions and potential partnerships, and on some project I've hired outside firms to analyze the code and figure out its origins and what licenses apply.

There are tools that will analyze a codebase and identify where chunks of varying size seem to come from. Mostly to determine if the code is encumbered by problematic licenses, but also to detect where the programmers may have borrowed code from.

If memory serves, some of these companies also have closed source codebases in their database, enabling them to detect if unpublished code has been re-used.

The times I've used this in due diligence it has rarely been a deal-breaker when we do find large chunks of code that may be problematic. For instance due to licensing terms that are not acceptable. You just make a note of it and have them rewrite the code before the transaction can take place. (Or you figure out if you can accomodate the license terms).

Re:Copilot sells code other people wrote by nextaccountic on Thursday June 23, 2022 @12:01PM (#31850997)
Yeah, but wouldn't it be great if the tool that performed "AI-generated code" were also required to run such analysis themselves, to eliminate this licensing violation at the moment it were inserted?

It's as if Microsoft were banking on the fact that most violations will be unnoticed

Re:Copilot sells code other people wrote by highwaylights on Thursday June 23, 2022 @06:51AM (#31847311)
This seems disingenous.

People don’t have a problem that AI is being used in some form to provide the service.

The complaint is pretty clearly that code is being lifted from repositories without attribution or compensation, and being redistributed into other applications.

How impressive the work behind copilot is or is not really isn’t relevant.

Re:Copilot sells code other people wrote by tiborsaas on Thursday June 23, 2022 @07:50AM (#31847745)
I've made use of a ton of open source tools and have not paid any attribution or compensation. By made use of, I mean I used them as their intended purposes and not their source code. I have a FOSS OS, server, CMD tools and libraries powering my ideas, it's part of the deal that I don't have to pay.

If I modify them I know what I have to do, but Co-pilot is somewhere in-between the two, it's abstracting knowledge from these codebases. We don't yet know how to deal with it properly, but this will change with time, that's why having these conversations are important.

I think that AI models will gain a new legal state, whatever they learn will be considered original work if it's not repeating non-trivial work 1:1.

Re:Copilot sells code other people wrote by moffkalast on Thursday June 23, 2022 @07:56AM (#31847794)
> it's not repeating non-trivial work 1:1

But that's basically all copilot does? It's just a fancy compression system with a search function.

Re:Copilot sells code other people wrote by tiborsaas on Thursday June 23, 2022 @08:11AM (#31847924)
No, it customizes the snippets to your context, the code is synthesized and not looked up in a db like a web search engine.
Re:Copilot sells code other people wrote by ay on Thursday June 23, 2022 @08:40AM (#31848209)
I tried it for the first time today, so treat this with a grain of salt.

https://twitter.com/ayourtch/status/1539928018138931200 is my experiment. The code in question has a very specific format - it’s C with a lot macro sauce. I described the intent in the comment and pasted the includes lines. Then I started the #define of a unique looking token, and it added the lines with the correct boilerplate. What you see in gray is more boilerplate that it suggests when prompted.

I would dare to assert that “xxxayourtchtestxxx” is not going to be in anyone else’s code than mine.

So you can see the example of copilot generating completely new code.

Not saying it’s 100% of what it does - but this side looks very useful.

I also did a test with Rust: described a function canonicalizing MAC address, and then when it saw ![test] prompts, it started to make very passable unit tests for the function which was not even written yet - it was only the comment of what it would do.

Also a massively useful lever to have, if it can do so consistently.

My attempts to make it generate a bug-free canonicalization function didn’t work - but it was interesting to see it try different approaches based on the existing test code (and no, they didn’t always satisfy the tests, unlike one would expect :)

So this angle is “pair programming with a creative novice”, which also can be useful - it can give ideas to explore that you didn’t think of.

Of course this was all fairly trivial code, I do not know yet how it will behave in a more tricky situation.

Re:Copilot sells code other people wrote by moffkalast on Thursday June 23, 2022 @08:31AM (#31848107)
But it kind of is when you think about it. Network weights are just a db written in an incomprehensible format and the synthesis part is searching and converting it back to readable data.

Even if it changes the var names and formatting a bit, it's still at best highly derivative. And at worst it spits out the exact code verbatim.

Re:Copilot sells code other people wrote by tiborsaas on Thursday June 23, 2022 @08:57AM (#31848407)
> Network weights are just a db written in an incomprehensible format

That makes all the difference IMHO, its complexity makes it much more than "just a DB". The synthesis part takes into account the context also, so it does intelligent things automatically, a smart SQL query does not.

My brain also works kinda like this. My knowledge is encoded in an incomprehensible format and I convert my knowledge into code based on the problem at hand.

Re:Copilot sells code other people wrote by csee on Thursday June 23, 2022 @07:01AM (#31847395)
This is how it always works, though. Moderna is standing on the shoulders of centuries of cumulative human knowledge without compensating all the sources of that knowledge. Musicians learn from other musicians and imitate to an extent, which is why all the musicians in a genre sound very similar, and we don't see present day rappers compensating the previous generation of rappers.

This is where some modest taxation comes in. To reallocate a slice of the output of value creation to its actual source in a rough kind of way wherever more direct compensation isn't feasible.

Re:Copilot sells code other people wrote by cycomanic on Thursday June 23, 2022 @07:12AM (#31847466)
> Musicians learn from other musicians and imitate to an extent, which is why all the musicians in a genre sound very similar, and we don't see present day rappers compensating the previous generation of rappers.

You clearly don't know how copyright around sampling works. Yes rappers are paying shitloads to previous generation musicians for samples they use.

Re:Copilot sells code other people wrote by csee on Thursday June 23, 2022 @07:21AM (#31847530)
Sure, if we're talking about sampling, which is analogous to co-pilot copy and pasting chunks of code verbatim (which we've seen happen). But the complaints about co-pilot go far deeper than that. Quoting from the tweet: "it just sells code other people wrote". Do musicians "just" copy from all the people they've been inspired by and learned from?
Re:Copilot sells code other people wrote by cycomanic on Thursday June 23, 2022 @12:32PM (#31851508)
What does "inspired" mean in the context of a computer program?
Re:Copilot sells code other people wrote by jacquesm on Thursday June 23, 2022 @07:03AM (#31847412)
Yes, but those humans are humans, not machines. With machines the scale changes dramatically. Which, incidentally is something copyright law has addressed explicitly: if you mechanically transform at best you end up with a derived work.
Re:Copilot sells code other people wrote by csee on Thursday June 23, 2022 @07:09AM (#31847445)
I don't understand the difference between Co-Pilot on the one hand and Moderna (on the shoulders of medical research) or SpaceX (on the shoulders of physics knowledge and cumulative rocket engineering knowledge) on the other. They all heavily use technology, automation and machines. I don't see where the distinction is coming from, and if there is a technical legal distinction, is it an ethically important one?
Re:Copilot sells code other people wrote by jacquesm on Thursday June 23, 2022 @07:28AM (#31847582)
The distinction is a legal one: intellectual property can not be re-used without permission of the rights holder, be it a patent or a chunk of source code.

And you can bet that SpaceX using physics knowledge and cumulative rocket engineering knowledge are very careful to either license the tech they use or be very explicit about documenting their own.

That you can't see the difference is entirely on you, going 'against the flow' of society sometimes leads to change but more often it simply results in friction and a lack of comprehension.

Keep in mind that open source is based on copyright law, and without copyright law the protections that open source offers would be gone.

To give an extreme example: if you had a chunk of software that was constructed in such a way that it would spit out a complete copy of 'the Gimp' without the license file if you started to write an image processing program that would be a very clear case of copyright violation.

If you then start breaking the Gimp down into smaller and smaller re-usable fractions at some point you might be able to argue that such a generic and oft used snippet should be free of copyright. But that only works as long as you then don't string together a whole pile of pieces that you each copied somewhere else, the whole idea is that your creation is an original one.

Medical research (which quite often leads to patents, which I don't believe should be possible, especially if that research was publicly funded) and physics knowledge are of a different kind than copyrighted program code. The latter would be better compared to universally present language constructs and constraints, such as 'memory management', 'data manipulation' etc. Once you make those explicit in an implementation copyright applies.

Or, to make another analogy: it's like comparing the skill of writing to the product of that skill. The skill isn't protected, but the output of the act of writing is.

Re:Copilot sells code other people wrote by Xunjin on Thursday June 23, 2022 @08:00AM (#31847832)
An amazing argument and analogy, also I do agree about Medical research, being possible to patent a work which is publicly funded is an A*** move.
Re:Copilot sells code other people wrote by meheleventyone on Thursday June 23, 2022 @07:25AM (#31847560)
There are thousands of novel decisions in the work of Moderna and SpaceX beyond their cultural starting points. Same thing with art. Copilot isn't inventing nor is DALLE-2 being artistic.
Re:Copilot sells code other people wrote by lelanthran on Thursday June 23, 2022 @07:46AM (#31847717)
> I don't understand the difference between Co-Pilot on the one hand and Moderna (on the shoulders of medical research) or SpaceX (on the shoulders of physics knowledge and cumulative rocket engineering knowledge) on the other. They all heavily use technology, automation and machines. I don't see where the distinction is coming from, and if there is a technical legal distinction, is it an ethically important one?

They are all in compliance with intellectual property laws? Seriously, that's a bloody big difference.

Co-pilot is not in compliance with many of the source code it is using!

Whether you like it or not, compliance with the law is necessary.

Re:Copilot sells code other people wrote by Ygg2 on Thursday June 23, 2022 @07:28AM (#31847586)
> I don't see where the distinction is coming from

Humans use reasoning. Copilot just guesses the likeliest next word.

See the Quake's fast inverse sqrt code incident: https://twitter.com/mitsuhiko/status/1410886329924194309

Re:Copilot sells code other people wrote by Dracophoenix on Thursday June 23, 2022 @12:22PM (#31851325)
> This is where some modest taxation comes in. To reallocate a slice of the output of value creation to its actual source in a rough kind of way wherever more direct compensation isn't feasible.

I was with you until this statement. The vast majority of society consumes, but doesn't create something new in the process. I'm bewildered as to why you think taxation is a solution rather than a disincentive towards creating. As far as compensating the giants upon whose shoulders most stand, there are plenty of vehicles for that: royalties, patents, copyrights, pensions, awards and prizes, paid fellowships, etc. These are relatively easy to calculate and write a contract for.

Re:Copilot sells code other people wrote by hansword on Thursday June 23, 2022 @07:08AM (#31847440)
If I enter 'Mickey Mouse' into an ML-TTI thing like Craiyon (Dall E mini) do you think I will be able to sell the resulting image on a Tshirt?

No, I won't, because Disney has fancy lawyers, the average open source developer hasn't. What you are saying is: Screw little people, let M$ make their money.

Either copyright is for everyone, or for no one. I prefer the latter, but this is not the world we live in.

Re:Copilot sells code other people wrote by hourago on Thursday June 23, 2022 @07:38AM (#31847657)
There big difference is that by copying Micky Mouse you are hurting one of the most known and very powerful corporations in the world, by copying code you are just hurting open source projects and individual developers.

It should not be different, or if anything, it should be worse to punish people with less resources. But here we are.

Re:Copilot sells code other people wrote by jimnotgym on Thursday June 23, 2022 @08:00AM (#31847837)
Isnt this an indictment of the justice system rather than the big firms.

I once heard this quote, "English justice is open to all, in the same way that The Ritz [very expensive hotel] is open to all."

Re:Copilot sells code other people wrote by gilrain on Thursday June 23, 2022 @08:06AM (#31847885)
The useless justice system has been engineered by the firms for their benefit.
Re:Copilot sells code other people wrote by fonix on Thursday June 23, 2022 @12:34PM (#31851535)
This is more like entering "cartoon mouse nose" into Craiyon though. You're getting incohesive code snippets returned to you based off a single line (appropriate word for code and a drawing).
Re:Copilot sells code other people wrote by teakettle42 on Thursday June 23, 2022 @06:53AM (#31847331)
My code is shared under a license (MIT) that mandates attribution.

That’s all I ask — if you use my code, give me credit.

Stealing my code to train your bot — which will replicate portions verbatim! — is no different whatsoever than the casual plagiarist that copies and pastes a novel snippet manually.

Its absolutely my legal and ethical prerogative to complain about people stealing my code by failing to respect the license under which it was freely provided.

Re:Copilot sells code other people wrote by Xunjin on Thursday June 23, 2022 @08:01AM (#31847853)
That would be great to Copilot show where it found this snippet and give the person credit about. Even if it's unlicensed.
Re:Copilot sells code other people wrote by seba_dos1 on Thursday June 23, 2022 @08:54AM (#31848366)
If it's unlicensed, then you can't use it at all, so giving attribution wouldn't change much in that case.
Re:Copilot sells code other people wrote by tiborsaas on Thursday June 23, 2022 @09:55AM (#31849159)
Is is really stealing when your code is used to change a parameter value from 0.3623727247 to 0.3623727321?
Re:Copilot sells code other people wrote by iamevn on Thursday June 23, 2022 @02:57PM (#31853639)
It does not matter what the internal representation is. What matters is that Microsoft is selling a tool which reproduces non-public domain works while claiming to grant the user ownership of the output.
Re:Copilot sells code other people wrote by jacquesm on Thursday June 23, 2022 @07:05AM (#31847421)
They are complaining about license violations, they are not pissing on this incredible (is it?) achievement.

Reselling other people's content like this without attribution (which, is a pretty mild form of payment) is not nice. But at least you now have one more reason in the list of reasons why Microsoft acquired Github: to be able to launder their open source contributions and resell them.

Re:Copilot sells code other people wrote by matthewmacleod on Thursday June 23, 2022 @08:06AM (#31847887)
I also disagree with the tone of that tweet, but your dismissal is equally shallow and gear-grinding.

There are real, serious, and genuinely interesting issues to be discussed regarding Copilot. It is neither "just selling code that other people wrote", nor is it something that we should applaud merely because it demonstrates "human ingenuity".

The comments here regarding this are honestly a total dumpster fire. It's mostly a bunch of paper-thin hot takes, either:

- The blatantly stupid "you willingly shared your code so why are you complaining that one of the world's biggest companies is now hoovering up code from your carefully-selected open-source license and reselling it as a service!!!"

- The blatantly lying "I have literally never looked at any other computer software while developing any obviously anybody who has ever seen other source code is a plagarist"

It's dumb because there is an actual interesting discussion here but I guess we're not going to bother having it.

Re:Copilot sells code other people wrote by HumanReadable on Thursday June 23, 2022 @09:00AM (#31848445)
Fair enough, I agree.

I actually didn't intend for my comment to be an argument in favour or against, and I am a bit surprised it is the most upvoted of the section.

I agree that there's a pretty interesting discussion to fair-use and the limits of copyright, and that my original comment was not conducive to having that discussion. In my defense, neither was the tweet this thread is about!

Re:Copilot sells code other people wrote by Sakos on Thursday June 23, 2022 @07:07AM (#31847434)
I share my code without a license because I want others to be able to see how I solved things. However, this doesn't mean I'm okay with wholesale copying my code. If it's some random guy, then whatever. If it's a corporation like Microsoft, then yeah, I have a problem with it. Under German law, the code is legally not allowed to be reproduced or used without explicit permission even if it doesn't have a license. I retain ownership of it until and unless I explicitly relinquish my ownership rights.
Re:Copilot sells code other people wrote by Xunjin on Thursday June 23, 2022 @08:07AM (#31847896)
Well, it depends on where you post it, right? Because if you are using a GitHub which probably is US based, you follow the laws related to US?!

Demanding that the law of a country should be followed by another is totally no sense. They can agree, make agreements about it, and even take legal action to the Highest court, so it could be evaluated, but using your nationality as an argument of what you can do, it's just plain wrong.

Re:Copilot sells code other people wrote by Sakos on Thursday June 23, 2022 @03:59PM (#31854419)
https://choosealicense.com/no-permission/

I always find it weird how people respond to my comments. Why didn't you check what the US law is like for source code? A lot of places have similar laws around source code, primarily in the West because of efforts to normalise laws across countries, driven by US efforts. And other countries? Well, it's the same for any kind of IP. Either the country has strong IP law and you have the resources to pursue an issue or not and you can't do anything about it.

Re:Copilot sells code other people wrote by paulcole on Thursday June 23, 2022 @07:48AM (#31847731)
> Under German law, the code is legally not allowed to be reproduced or used without explicit permission even if it doesn't have a license

This is nuts. How can anbody be expected to both know that you’re German and German law when you post on an international website?

Or is this a German law that exists to prevent other Germans from doing things but that the rest of the world scoffs at?

https://choosealicense.com/

Re:Copilot sells code other people wrote by giaour on Thursday June 23, 2022 @08:47AM (#31848283)
US law is pretty similar in this regard, isn't it? If you don't have a license for a particular piece of code, you can't use it without the author's/copyright holder's permission, even if you found it posted online.
Re:Copilot sells code other people wrote by solar-ice on Thursday June 23, 2022 @08:42AM (#31848223)
You're expected, wherever you are, to look into where any code you use comes from and what legal rights you have to use it. (The author not offering you a license means you can't use the code, nearly anywhere in the world - pretty basic Berne Convention stuff.)

This is the legal expectation in general, not just for software - you can't just come across a design for a neat widget somewhere and start using it in your product, there's probably both copyright and patent on it. Software isn't special. Not everything in Github can be copied into your code verbatim.

Re:Copilot sells code other people wrote by falcolas on Thursday June 23, 2022 @08:43AM (#31848238)
That’s how us law works too. Works are automatically under copyright, even if you don’t say so. It needs a license to lessen the copyright restrictions.
Re:Copilot sells code other people wrote by the_gipsy on Thursday June 23, 2022 @08:42AM (#31848227)
> share their code on github where it is publicly available just to complain when others make use of that knowledge

I put a fucking license on it so that it doesn't get abused by some fucking corporation. Jesus Christ, it's not hard to understand.

Re:Copilot sells code other people wrote by Mizza on Thursday June 23, 2022 @07:05AM (#31847418)
Pretty fucking simple explanation for it, actually:

I don't make Free software so that Microsoft can sell it to people for use in proprietary projects.

Re:Copilot sells code other people wrote by bambax on Thursday June 23, 2022 @07:00AM (#31847386)
The world would probably be a better place if there were no copyright.

But the world we actually live in is one where corporations have copyright, and individuals don't.

That's what irks people, I think rightly.

Re:Copilot sells code other people wrote by akagusu on Thursday June 23, 2022 @09:17AM (#31848660)
> I don't understand why someone would willingly share their code on github where it is publicly available just to complain when others make use of that knowledge.

People like you should understand that publicly available code doesn't mean "do whatever you want" code.

The majority of publicly available code hosted on Github as a license that tells you what you can and what you cannot do with that code.

If someone uses this code without respecting the license, authors have the right to complain and even legally enforce the license if they want.

Now, you should know that there's nothing "cool" to take other people's work without permission.

Re:Copilot sells code other people wrote by DoreenMichele on Thursday June 23, 2022 @07:04AM (#31847414)
Meanwhile, creators of FOSS projects are often underfunded and lots of people are in such dire straits that rich people talk of mollifying them with a few paltry dollars via UBI rather than fix anything.

That's likely the crux of the issue. If you do it right, you can steal from other people and get rich. Meanwhile, those same people (whose work was stolen) may be left out in the cold no matter how original, creative, hardworking etc they are.

Re:Copilot sells code other people wrote by Chris2048 on Thursday June 23, 2022 @06:55AM (#31847347)
> willingly share their code on github where it is publicly available just to complain when others make use of that knowledge

because it's not unconditional, there are often licence terms of usage, and copilot is potentially laundering those.

Re:Copilot sells code other people wrote by rglullis on Thursday June 23, 2022 @06:58AM (#31847373)
> why someone would willingly share their code on github where it is publicly available just to complain when others make use of that knowledge.

For other individuals to collaborate, to make the software available to other people, etc. Certainly not for github's profit and much less for the benefit of github's customers who will have access to open code that violates license agreements.

Re:Copilot sells code other people wrote by throwoutway on Thursday June 23, 2022 @07:25AM (#31847559)
I hear you, but this isn’t a “marvel at this free open clever academic thing we built”

It’s a product by a business. Why is that not open to criticism?

Re:Copilot sells code other people wrote by rockbruno on Thursday June 23, 2022 @07:46AM (#31847720)
My problem with this conversation is how we can have a 200 comment thread without anyone providing any kind of proof to these claims. Is there any instance of this bot printing an actual copyrighted algorithm instead of a mundane uncopyrighteable piece of logic?
Re:Copilot sells code other people wrote by sascha_sl on Thursday June 23, 2022 @08:22AM (#31848016)
One of the earliest examples was Copilot printing Quake's fast inverse square root verbatim, including swearing in a comment.

Quake's source code is GPL.

There are plenty more if you're willing to look.

Re:Copilot sells code other people wrote by dgb23 on Thursday June 23, 2022 @08:05AM (#31847877)
There are examples of it providing literal copies of code without attribution etc.
Re:Copilot sells code other people wrote by Xunjin on Thursday June 23, 2022 @08:02AM (#31847858)
The famous “burden of proof” fallacy. In the end, I'm eager to anyone who can prove it, sue them and see the results from it.
Re:Copilot sells code other people wrote by ThePhysicist on Thursday June 23, 2022 @07:41AM (#31847678)
I mean I'm not an expert but it's a valid point as people share code under a given license, and as far as I'm aware Copilot does not make this knowledge available. Nothing to do with the fact that Copilot is an amazing technological achievement.

If I, as a human, go to a public repository on Github and copy/paste a non-trivial 200 line code snippet into my proprietary code base I have to abide by the license of that original code, even if I slightly modify it. I don't see how this cannot be true for Copilot. I'm sure the legal folks at Github have thought of a response though, you could e.g. argue that the snippets produced by Copilot are not affected by the copyright of the original author as they do not reach the required treshold of originality. Seems rather shaky for me though.

Re:Copilot sells code other people wrote by pmarreck on Thursday June 23, 2022 @08:20AM (#31847995)
I think copilot is amazing. I don't care what, if any, of my code snippets it uses because I also gain from it by skipping boilerplate (as well as things like bash idiosyncrasies). Using it feels like I am working with dozens of invisible collaborators
Re:Copilot sells code other people wrote by hdjjhhvvhga on Thursday June 23, 2022 @08:30AM (#31848092)
> Any time someone invents something new and incredible, there's always a crowd of negative nancies eager to discredit and explain why the invention is nothing new and a detrement to society.

It is not true. Whenever there is something really useful, everybody is happy, and while of course they always are some nansayers, they're very few.

However, when you do something controversial, you can expect to hear criticism. You are of course free to dismiss that criticism, but when a lot of people are telling you what you are doing is unethical, maybe it's time to stop and think about it.

Re:Copilot sells code other people wrote by nixpulvis on Thursday June 23, 2022 @07:53AM (#31847772)
You should read more about peoples ideologies and philosophies of Open Source.

One big reason I support it is because it grants me the right and ability to change things I need/want to change.

Re:Copilot sells code other people wrote by ricardoplouis on Thursday June 23, 2022 @08:58AM (#31848408)
Wouldn't you rather have a healthy dose of skepticism and pessimism surrounding new inventions? Even if the negativity is off base, it's far more preferable to a world where everyone is always positive and praises what geniuses the creators are. The former atleast breeds discourse while the latter only serves to make people feel good.
Re:Copilot sells code other people wrote by zitterbewegung on Thursday June 23, 2022 @08:12AM (#31847930)
Why can’t startups understand what a open source license is ? Apache 2.0 could be ingested by this tool but it is a horrible license for your database as a service. AGPL would be a great license for a database as a service but should not be ingested by OpenAi / GitHub copilot.
Re:Copilot sells code other people wrote by nerdponx on Thursday June 23, 2022 @08:22AM (#31848017)
Both things can be true. It's clear that it violates the licenses of many software projects. But I do agree that denigrating it as "just selling other peoples code" is missing the whole point of the product and of what you pay for when you subscribe to it.
Re:Copilot sells code other people wrote by Tryk on Thursday June 23, 2022 @11:09AM (#31850179)
This doesn't address the point of the Tweet, you are simply attacking the form of their argument.

Moreover it is possible to BOTH marvel at the human ingenuity that went into making copilot AND disagree with their methods. Some things can be marvelous and wrong at the same time.

Re:Copilot sells code other people wrote by isitmadeofglass on Thursday June 23, 2022 @06:54AM (#31847339)
Yes but,

Sorry for the unproductive tone of this comment, but there's something about the attitude of this tweet that really grinds my gears. Any time someone invents something new and incredible, there's always a crowd of negative nancies eager to discredit and explain why the invention is nothing new and a detrement to society. I don't understand why someone would willingly share their code on github where it is publicly available just to complain when others make use of that knowledge. 'co-pilot just sells code other people wrote' is such a ridiculous understatement of what co-pilot does. Instead of marvelling at the human ingenuity that went into creating it, they sneer at the audacity of openAI to do something without first asking their permission.

— This comment brought to you by HN-Comment-AI ©

Re:Copilot sells code other people wrote by bryanrasmussen on Thursday June 23, 2022 @07:03AM (#31847407)
whoa, I think this should definitely be highlighted far and wide on the internet, think of the ingenuity of the people who made the HN-Comment-AI, it's probably the smartest comment bot out there, able to take the ramblings of people on HN and nonetheless generate a comment so astute!

Although I have to say the use of the phrase 'negative nancies' shows that even the best machine-learning algorithm still comes up with unlikely to occur in real life text.

Re:Copilot sells code other people wrote by gumby on Thursday June 23, 2022 @08:32AM (#31848123)
People get paid to write code having learned from writing code for others and from reading code others wrote. In this regard I dont see why github copilot is any different.
Re:Copilot sells code other people wrote by lupire on Thursday June 23, 2022 @08:37AM (#31848168)
People don't memorize chunks of code and copy it.
Re:Copilot sells code other people wrote by gumby on Thursday June 23, 2022 @08:58AM (#31848412)
People often do write things because they learned a common approach at a previous job or because they saw such an approach when reading someone else’s code. People are often hired specifically because they have experience in a certain area from a previous employer, so are dointhe same sort of thing at a higher level.

We fought this battle over a couple of decades with remix culture (“you stole that line/beat out of my song!”) and the world is better because the over-clingers lost.

There is no shortage of reasons not to like copilot, but I don’t consider this one of them.

Re:Copilot sells code other people wrote by giaour on Thursday June 23, 2022 @08:52AM (#31848340)
Sometimes people do, and in any case copyright isn't limited to just verbatim copies. You can't, for example, reuse characters or plots from other works of fiction in your own novel, even if you rewrite it in your own words: https://en.m.wikipedia.org/wiki/Copyright_protection_for_fic...
Re:Copilot sells code other people wrote by lobocinza on Thursday June 23, 2022 @07:45AM (#31847714)
Plagiarism isn't new or incredible.
Re:Copilot sells code other people wrote by hk1337 on Thursday June 23, 2022 @08:12AM (#31847932)
Usually they want some recognition for their contribution and with GitHub copilot they get none of that.
Re:Copilot sells code other people wrote by sAbakumoff on Thursday June 23, 2022 @08:32AM (#31848119)
It's the negativity bias beauty in action. You have it too.
Re:Copilot sells code other people wrote by pwdisswordfish9 on Thursday June 23, 2022 @08:04AM (#31847870)
‘Facebook just sells personal information of other people’ is such a ridiculous understatement of what Facebook does. Instead of marvelling at the human ingenuity that went into creating surveillance capitalism, they sneer at the audacity of Facebook to do something without first asking their permission.
Re:Copilot sells code other people wrote by rambojazz on Thursday June 23, 2022 @07:23AM (#31847544)
Sounds like they're not selling any of your code
Re:Copilot sells code other people wrote by barthvr on Thursday June 23, 2022 @08:03AM (#31847860)
Copilot access is $10/month.

Think about how Napster was treated back in the day, or torrent websites. You pay to access some copyrighted content. Is it legal ?

[dead]
Re:Copilot sells code other people wrote by ParetoOptimal on Thursday June 23, 2022 @08:14AM (#31847950)
You can be both a professional software developer and a caring human that considers ethics and exercises empathy.

It's easy to convince oneself they can only be a professional developer to escape ethical responsibilities which require significant time and energy.

Re:Copilot sells code other people wrote by olalonde on Thursday June 23, 2022 @08:17AM (#31847985)
Of course you can and you should. But going from the Twitter bio and personal website, it doesn't appear to be the case here. They're an activist who lives from soliciting donations and selling 30$ videos on how to be anti-racist (like, literally).
Re:Copilot sells code other people wrote by dxdm on Thursday June 23, 2022 @08:34AM (#31848137)
Doesn't mean what they're saying is wrong. Probably makes more sense to attack the substance of their argument, and not their bio.
Re:Copilot sells code other people wrote by olalonde on Thursday June 23, 2022 @08:48AM (#31848300)
The comment I was replying to already did a good job at that, I was just adding some context because it helps explain the attitude.
Re:Copilot sells code other people wrote by ParetoOptimal on Thursday June 23, 2022 @08:41AM (#31848219)
> They're an activist who lives from soliciting donations

Assuming this is the case, are you concluding they don't have time to be a real software developer?

Maybe they were a professional developer, but now are an activist 50% of the time.

> selling 30$ videos on how to be anti-racist

Is the indictment here that they are a capitalist?

My basic point is you seem to really want to dismiss their views you don't like by arguing they aren't credible rather than attacking their ideas.

Re:Copilot sells code other people wrote by olalonde on Thursday June 23, 2022 @08:46AM (#31848269)
> Is the indictment here that they are a capitalist?

No and they are actually anti-capitalist according to their Twitter bio.

> My basic point is you seem to really want to dismiss their views you don't like by arguing they aren't credible rather than attacking their ideas.

The comment I was replying to already did a good job at that, I was just adding some context.

Re:Copilot sells code other people wrote by B1FF_PSUVM on Thursday June 23, 2022 @07:20AM (#31847525)
> negative nancies

Not bad for everyday use - I like "nattering nabobs of negativism" (as scripted by William Safire), but it is really a bit over the top.

Re:Copilot sells code other people wrote by OrwellianTimes on Thursday June 23, 2022 @07:51AM (#31847751)
Fully agreed. It's just people getting mad and jealous but hear me out.

Copilot is NOT SELLING coed other people wrote, it is simply acting as a curator to show you all the solutions people HAVE WRITTEN for free.

Copilot does NOT write entire programs, it's simply an assistant. And there is not much copyright you CAN apply to 3-4 lines of generally understandable code.

I've used Copilot and am actively paying for and I have not seen many cases where it's generating bad code. It's only there to remove boilerplate and common problems, not there to write entire applications.

Why are people getting so salty?

Re:Copilot sells code other people wrote by boesboes on Thursday June 23, 2022 @08:05AM (#31847874)
Because they _are_ verbatim copying code and not respecting the license. It's not that complicated.

Github knows better, can do better and should.

Re:Copilot sells code other people wrote by olalonde on Thursday June 23, 2022 @08:28AM (#31848068)
Do you have an example of Github Copilot doing that? Like a snippet of code generated by Copilot and a link to the original source code.
Re:Copilot sells code other people wrote by falcolas on Thursday June 23, 2022 @08:47AM (#31848276)
Re:Copilot sells code other people wrote by olalonde on Thursday June 23, 2022 @08:56AM (#31848390)
Thanks. Personally, I feel like such small and widely used mathematical algorithms should not be copyrightable (or using them should fall under fair use). It even has its own Wikipedia page[0], where the source code is also reproduced without copyright notice.

[0] https://en.wikipedia.org/wiki/Fast_inverse_square_root

Re:Copilot sells code other people wrote by zzo38computer on Thursday June 23, 2022 @05:53PM (#31855595)
I also implemented this algorithm in MMIX:

   % Constants
  FISRCON GREG #5FE6EB50C7B537A9
  THREHAF GREG #3FF8000000000000
   % Save half of the original number
   OR $2,$0,0
   INCH $2,#FFF0
   % Bit level hacking
   SRU $1,$0,1
   SUBU $0,FISRCON,$1
   % First iteration
   FMUL $1,$2,$0
   FMUL $1,$1,$0
   FSUB $1,THREHAF,$1
   FMUL $0,$0,$1
   % Second iteration
   FMUL $1,$2,$0
   FMUL $1,$1,$0
   FSUB $1,THREHAF,$1
   FMUL $0,$0,$1
(Note this assumes that the input number is not too small; if it is, then it will not be possible to compute half by this algorithm. Also, like with the original code, the second iteration may be omitted if desired.)

(This comment and the MMIX code it contains, and all other comments that I wrote on here, are I agree release it to public domain.)

Re:Copilot sells code other people wrote by falcolas on Thursday June 23, 2022 @09:07AM (#31848536)
It’s the verbatim replication of the comments that makes this a damning piece of evidence against the “it’s not copying code, it’s an AI” argument.
Re:Copilot sells code other people wrote by olalonde on Thursday June 23, 2022 @09:12AM (#31848596)
Yes, it is clearly copying code from Quake, I wasn't denying that.