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Re:Should GitHub be sued for training Copilot on GPL code? by pmarreck on Thursday June 23, 2022 @09:45AM (#31849040)
I've used Copilot for months and honestly it's become one of my most favorite inventions in all of programming- and this is key- even when it screws up (such as by suggesting Ruby-syntax code to autocomplete Elixir code). It tickles the "childlike joy" funnybone in me, the same one that got me into programming to begin with. I don't know how long it will take for typing "#ANSI yellow" (for example) and autocompleting to the right codes to get old, or every time it autocompletes anything considered "boilerplate," but it hasn't, yet!

You know, pretty much all of programming can be summed up as "tedious labor elimination," and this tool directs that same labor elimination at the work of programming itself (I no longer have to constantly google syntax idiosyncrasies etc.), and NOW coders are pissed? I don't get it. Eat your own dog food, people, because this is what it looks and tastes like.

As to the copyright infringement or licensing-violation claims, I have yet to see it autocomplete an entire algorithm correctly, or one copied verbatim from somewhere, although that could be mitigated. You still have to pay attention (kind of like Tesla autopilot), it's not going to eliminate your job.

Re:Should GitHub be sued for training Copilot on GPL code? by Longlius on Thursday June 23, 2022 @09:48AM (#31849084)
No one is complaining about copilot making programming easier or automating it.

We're upset because it's quite literally infringing on intellectual property. Infringing on intellectual property that's been set aside for the exclusive use of the commons.

Re:Should GitHub be sued for training Copilot on GPL code? by jazzyjackson on Thursday June 23, 2022 @11:51AM (#31850850)
god bless AI for moving human society beyond silly notions like ideas-as-property

copyright was established to increase the innovation and creative will of the arts and sciences, what could increase that creative force more than an AI assistant who has seen every creative work ever made?

Re:Should GitHub be sued for training Copilot on GPL code? by account42 on Friday June 24, 2022 @05:05AM (#31859335)
I'd be all for returning ALL code to the commons.

Except that is not what is happening here. The problem is that AI is being used to take code, which was provided to the commons under the explicit condition that anything built with it is also released under the same terms, is now being fed to a magic mystery machine to produce code that can supposedly legally be witheld from the comments. The only code that this affects is the one that was already shared - you won't see Microsoft feeding Windows and Office source code into Copilot anytime soon.

Re:Should GitHub be sued for training Copilot on GPL code? by pmarreck on Thursday June 23, 2022 @09:55AM (#31849163)
Do you use it? Have you ever used it? How many people making negative comments about it here have actually used it? I don't actually believe many have. I suggest at least trying it out before lighting your torches.

If it infringes everyone equally and everyone equally benefits from the infringement, has a net wrong actually occurred? (which of course begs the "do the ends justify the means" question...)

I don't see how this is any different a form of "infringement" than me copying and pasting snippets of other peoples' code, and then modifying it to suit my particular context, without specific attribution, except that the latter is a much more laborious and time-consuming process than copilot autocomplete, and programming is all about tedium elimination

Re:Should GitHub be sued for training Copilot on GPL code? by ryukafalz on Thursday June 23, 2022 @10:03AM (#31849267)
> If it infringes everyone equally and everyone equally benefits from the infringement, has a net wrong actually occurred?

It’s not done equally though. Copyleft code is extremely likely to be on GitHub somewhere, while internal proprietary code is often not. Copilot will thus have been trained more on the former than the latter.

> I don't see how this is any different a form of "infringement" than me copying and pasting snippets of other peoples' code, and then modifying it to suit my particular context, without specific attribution

It’s no different, but that is also copyright infringement.

Re:Should GitHub be sued for training Copilot on GPL code? by pmarreck on Thursday June 23, 2022 @03:11PM (#31853839)
> but that is also copyright infringement.

so basically all of Stackoverflow is copyright infringement and has been for decades? Find me the programmer who has never either 1) copied and pasted directly from the internet, or 2) taken an idea found on the internet and massaged it for their own purposes. I mean... this is basically why programming is so lucrative IMHO. Everyone is piggybacking off of everyone else's work (at least in open source)

Re:Should GitHub be sued for training Copilot on GPL code? by zvr on Friday June 24, 2022 @10:24AM (#31862354)
The tens of thousands of developers in a company I am familiar with have taken a basic training on intellectual property concepts and software licenses.

A typical case mentioned in the training is that code from StackOverflow is (probably) licenses under CC-BY-SA 4.0 and as such it can never be copied inside their proprietary-licensed code base.

Re:Should GitHub be sued for training Copilot on GPL code? by ryukafalz on Friday June 24, 2022 @05:04PM (#31869289)
This is something I wish more companies would do. It’s sorely needed.
Re:Should GitHub be sued for training Copilot on GPL code? by ryukafalz on Thursday June 23, 2022 @03:32PM (#31854131)
(Recent) StackOverflow contributions are licensed under CC BY-SA 4.0 by default (though the author can of course release it under any additional licenses they choose): https://stackoverflow.com/help/licensing

If the code is really sufficiently trivial (and I’d guess that most code samples you’ll find on StackOverflow are) you may have a fair use argument in the US. Generally speaking though (and especially for anything nontrivial) you need to respect the license. CC BY-SA 4.0 is one-way compatible with GPLv3, though, so that helps if you’re including it in a GPLv3 codebase: https://creativecommons.org/2015/10/08/cc-by-sa-4-0-now-one-...

Re:Should GitHub be sued for training Copilot on GPL code? by pmarreck on Thursday June 23, 2022 @07:16PM (#31856268)
Define "sufficiently trivial"
Re:Should GitHub be sued for training Copilot on GPL code? by ryukafalz on Thursday June 23, 2022 @07:59PM (#31856523)
It's fuzzy and imprecise, as many legal concepts are. Small/unoriginal enough snippets may not even be copyrightable:

https://en.wikipedia.org/wiki/Threshold_of_originality

Then even if it is copyrightable, under some circumstances your use of it may be considered fair use anyway:

https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors

Or potentially de minimis:

https://blogs.library.unt.edu/copyright/2017/09/05/the-de-mi...

But when in doubt, ask for permission or ask a lawyer.

Re:Should GitHub be sued for training Copilot on GPL code? by account42 on Friday June 24, 2022 @05:14AM (#31859389)
Even apart from copyright aspect, it would be nice if we as programmers would improve our attitude towards attribution. If researchers can cite the work that has influenced theirs without legal threats than so can we.
Re:Should GitHub be sued for training Copilot on GPL code? by belorn on Friday June 24, 2022 @06:59AM (#31860015)
Github explicitly leaves out proprietary code bases, included microsoft windows source code (Microsoft own github and uses it for their own products).

If Microsoft included their own source code when training copilot then at least they would be intellectually honest, but they don't. They only consider GPL and other free and open source code to be up for grabs.