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Re:GitHub Copi­lot inves­ti­ga­tion by nightski on Monday October 17, 2022 @10:58PM (#33242464)
Personally I'm not worried about the end user using copyrighted code. That is their responsibility. If you have verbatim GPL code in your commercial closed source code base that is a liability and it might be dangerous to use copilot.

What I have more of a problem with is Microsoft charging for copilot which was trained on copyrighted code without any permission whatsoever which they really have no right to utilize/charge for.

Re:GitHub Copi­lot inves­ti­ga­tion by andyp-kw on Monday October 17, 2022 @11:01PM (#33242477)
As a human, if I learn how to program by studying copyrighted code, is it unethical for me to use that knowledge to make a living ?
Re:GitHub Copi­lot inves­ti­ga­tion by kovac on Monday October 17, 2022 @11:41PM (#33242708)
No, as long as you respect the original authors' terms of use of that "knowledge"
Re:GitHub Copi­lot inves­ti­ga­tion by skydhash on Monday October 17, 2022 @11:03PM (#33242488)
If you go around pasting code ad verbatim, a lot of people would be upset too.
Re:GitHub Copi­lot inves­ti­ga­tion by bamboozled on Monday October 17, 2022 @11:11PM (#33242536)
The difference is this, you’re likely working for the company whose proprietary code you’re working on and using as a “training model” while contributing to the greater good of that codebase.

You’ve been authorised to see this code.

Re:GitHub Copi­lot inves­ti­ga­tion by randomdata on Monday October 17, 2022 @11:18PM (#33242576)
I learned to code when a misconfigured CGI server spit out an application's code (it was written in Perl) instead of executing it. While that starts going down the long and complicated road of whether or not the machine is acting definitively, I think for our purposes here we can assume that the intent was for me to not have access to the code.
Re:GitHub Copi­lot inves­ti­ga­tion by bamboozled on Monday October 17, 2022 @11:38PM (#33242691)
So you were probably illegally accessing another person or companies systems.

Nice you got something out of it, I'm not judging you either, but it was probably not the correct way to operate. What you should've done was notify the owners of the incorrectly configured system and left it at that.

You're also not a massive international conglomerate who should know better than to read every ones code and use it to turn a profit.

I use Github like a bank, not a public library (unless I'm working on open source). I never would've allowed them to read through all my code and use it for profits without at least asking.

Re:GitHub Copi­lot inves­ti­ga­tion by randomdata on Tuesday October 18, 2022 @12:34AM (#33243019)
> So you were probably illegally accessing another person or companies systems.

Illegal would imply some kind of intent or malice. I was legitimately trying to access the executed result, which I would have been authorized to do if the service was operating normally.

> What you should've done was notify the owners of the incorrectly configured system and left it at that.

Seems unrealistic to "leave it at that". I had to read the output to understand it wasn't what I expected, and once I read it I knew how to code, at least to a cursory degree. The code was simple and it was a service I used frequently, so it was immediately clear how the code translated to the results I was accustomed to.

> I use Github like a bank, not a public library (unless I'm working on open source). I never would've allowed them to read through all my code and use it for profits without at least asking.

I don't know what kind of banks you deal with, but banks normally do read through your banking records and use that information to sell services to their clients – notably loans, which require knowledge of your deposits to offer.

Re:GitHub Copi­lot inves­ti­ga­tion by cfeduke on Tuesday October 18, 2022 @12:49AM (#33243088)
> So you were probably illegally accessing another person or companies systems.

Misconfigured CGI handlers in Apache were very common in the late 90s, treating Perl as text/plain. There's no laws being broken, just a bad httpd.conf and no one is getting locked up for malicious intent.

Re:GitHub Copi­lot inves­ti­ga­tion by bamboozled on Tuesday October 18, 2022 @12:58AM (#33243146)
If I leave my door unlocked, is it ok for you to come into my home and have a party ? Could I do that at your house or place of business ?

What if you intentionally or unintentionally took down a server that controlled important infrastructure which people depended greatly on? Flood warning system for example ?

Grow up.

Re:GitHub Copi­lot inves­ti­ga­tion by lolc on Tuesday October 18, 2022 @03:27AM (#33244090)
So I write you a letter asking for information and you accidentally copy me your notes on how to gather the information in your response. Nothing illegal is happening when I read your notes. Maybe I should not read them for ethical reasons, but it's not illegal.
Re:GitHub Copi­lot inves­ti­ga­tion by bamboozled on Wednesday October 19, 2022 @04:29AM (#33259232)
This only applies if you were reading the code, not executing any code on the remote system (which I thought you were doing). It sounds like you were doing something different.

Either way, I still think you're in the wrong, kind of like checking out a naked person getting changed because they accidentally left their blind open. It was available, maybe it was clever, but it's a strange way to learn how to code. Why didn't you just buy a coding book, or borrow some from the library ? Was the code really of good quality if the server was configured so badly?

Obviously we have a difference of opinion and that's ok.

Re:GitHub Copi­lot inves­ti­ga­tion by lolc on Wednesday October 19, 2022 @09:07AM (#33261567)
The issue as described by the original poster was that the code was not executed but displayed. They read it and understood how it works. This set them on a trajectory to try it themselves. This is how they started. Maybe a book was involved at a later stage.

Sure, you can argue that they were not supposed to read the code, so they shouldn't have. But without some tangible harm I don't see why we're supposed to disapprove of it. Maybe allow some hacker spirit while posting on Hacker News :-)

Re:GitHub Copi­lot inves­ti­ga­tion by bamboozled on Wednesday October 19, 2022 @08:56PM (#33269670)
I’ve done similar things in the past so I said I’m not judging them, but after some time working with computers myself I’ve become more compassionate and I think the better thing to do is help a fellow sys admin and report the problem. That’s the hacker spirit.
Re:GitHub Copi­lot inves­ti­ga­tion by jakelazaroff on Monday October 17, 2022 @11:06PM (#33242501)
Unless Microsoft is secretly powering Copilot with Mechanical Turk, that isn't what's happening here.
Re:GitHub Copi­lot inves­ti­ga­tion by noasaservice on Monday October 17, 2022 @11:20PM (#33242589)
Why not complete that analogy?

What if instead of Copilot, it was a bunch of humans who were searching all the source code they could access and then copying/autocompleting that code, regardless of the license.

Is that still OK? If yes, why?

Re:GitHub Copi­lot inves­ti­ga­tion by ctvo on Monday October 17, 2022 @11:36PM (#33242676)
A paid service where tens of hundreds of people search for publicly available code snippets and send them to you? I believe they call that outsourcing in some circles.
Re:GitHub Copi­lot inves­ti­ga­tion by jakelazaroff on Monday October 17, 2022 @11:29PM (#33242639)
You're reading too much into my comment. All I'm saying is that Copilot isn't "learning" like a human does.
Re:GitHub Copi­lot inves­ti­ga­tion by remram on Monday October 17, 2022 @11:44PM (#33242728)
In this case we'd be sending subpoenas to those people to make sure they hadn't been instructed to disregard licenses or copy large pieces of code verbatim.
Re:GitHub Copi­lot inves­ti­ga­tion by didibus on Tuesday October 18, 2022 @12:22AM (#33242951)
That wouldn't be ok, I'm assuming that's what you're implying as well? In any case I would say that's not ok.

Copying code, even if its from a mix of many different places, and the results look like a mosaic, would still be copying.

If the Mturk worker just suggested an implementation they came up with that be fine.

Re:GitHub Copi­lot inves­ti­ga­tion by cycomanic on Tuesday October 18, 2022 @12:33AM (#33243015)
Why not make the a ology the other way. If I put massive amounts of code into a database and develop some sort of query language that spits out various parts of the contents of the database based on the query am I covered by fair use?
Re:GitHub Copi­lot inves­ti­ga­tion by pretendscholar on Tuesday October 18, 2022 @12:03AM (#33242831)
The difference is scale. You will get old and die before you ever even reach 10 percent of the corpus.
Re:GitHub Copi­lot inves­ti­ga­tion by comex on Tuesday October 18, 2022 @12:22AM (#33242953)
That only shows that humans are better at learning than machines are right now. I may not have read as much code as Copilot, but I have read quite an amount of it, and it strongly informs the code I write, with respect to style and structure and algorithms. (I don't copy functions verbatim from memory, but neither does Copilot the vast majority of the time.)
Re:GitHub Copi­lot inves­ti­ga­tion by didibus on Tuesday October 18, 2022 @12:16AM (#33242908)
I'll repeat something I asked elsewhere here.

From what I understand, it is not proven that the AI uses the knowledge of concepts and logic to write the new code. It is likely that it actually performs instead a very optimized stitching of code it previously saw.

Is my understanding outdated here?

From the ethical point of view, I'd say you're making some assumptions here that result in it being ethical when a human does it, and those assumptions might not hold for an AI.

For example, you're assuming a win/win outcome, where your learnings from copyrighted open source code don't harm the original authors ability to find work, or the value of their code.

With an AI I think there are possibilities we're looking at a win/lose situation, where Microsoft wins big, and maybe some other developers that also profit of their use of copilot, but where the original authors of the code that went to train it see their skills be devalued over time as a direct consequence.

In my opinion, a win/lose is unethical. What I'm not convinced is that we're looking at a win/lose, but I think there's a possibility.

Re:GitHub Copi­lot inves­ti­ga­tion by Siira on Tuesday October 18, 2022 @01:11AM (#33243202)
> a very optimized stitching of code it previously saw.

I have seen this line repeated many times, but I never saw it actually explained. A lookup table is dumb and easy to understand/interpret. Deep models are not that. They are also not a linear interpolation of … something. What exactly is the claim being made here? Yes, deep models don’t generalize too well on ood data. How does this make them a “very optimized” lookup table?

Re:GitHub Copi­lot inves­ti­ga­tion by nightski on Tuesday October 18, 2022 @01:36AM (#33243343)
I mean an NN is, almost by definition, a weighted lookup table. The process to generate that table is not relevant.
Re:GitHub Copi­lot inves­ti­ga­tion by Siira on Tuesday October 18, 2022 @08:49AM (#33246362)
Not at all. That would only be true if there weren't nonlinearities between the layers.
Re:GitHub Copi­lot inves­ti­ga­tion by nonrandomstring on Tuesday October 18, 2022 @04:14AM (#33244408)
> It is likely that

Here's the real problem:

We're on a forum in which most of the participants are in at least the top 0.1% of technical ability, and yet here we are waving our hands and speculating on "what AIs think" and how "they probably/likely compute" things.

Last week I met with a director of a new "AI" research group, chuffed to the nines with a massive research grant he just landed. I'm happy for him, with only one little concern - that he knows nothing whatsoever about machine learning or mathematics and outspokenly doesn't believe that "knowledge is that important in the new reality".

Copyright infringement is an inconvenience for people who worry about that sort of stuff. Sure. But don't you all see a much more serious issue? It's bad enough that code is already so precariously bloated and over-complex nobody bothers to debug critical applications any more. Now we want to add "assistance" from tools that nobody understands.

Re:GitHub Copi­lot inves­ti­ga­tion by xxs on Tuesday October 18, 2022 @03:50AM (#33244240)
If copolot has the ability to write a whole application instead of suggesting based on its lookup and context, you might have a point. Unless proven otherwise I'd consider it a giant lookup table with (self)adjusting weights.
Re:GitHub Copi­lot inves­ti­ga­tion by gwnywg on Tuesday October 18, 2022 @04:13AM (#33244394)
You eventually, at some point, write your own code which is not reproduced. From what I see Copilot authors state that copilot is reproducing code, it is not inventing new code like human being would. It seems to be big and efficient database of somebody else's code that it reproduces.
Re:GitHub Copi­lot inves­ti­ga­tion by AlexandrB on Tuesday October 18, 2022 @12:17PM (#33249733)
Setting aside the very real question of whether AI "learns" the same way we do, it's bad enough we treat corporations as "people" in a legal sense, let's not start extending the same courtesy to software tools.

People have special rights and responsibilities under our legal system - we don't send an airplane that has a mechanical fault to prison for a crash nor do we extend right to life to a web server. Humans have an implicit the right to learn by reading copyrighted material, machines have no such right.