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.
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-...