Re:We've filed a lawsuit against GitHub Copilot
by heavyset_go on Thursday November 03, 2022 @05:05PM
(#33457543)
This is a bad analogy because P2P networks exist that are legal to operate, because Section 230 of the CDA prevents interactive computer services from being held responsible for user generated content.
What made Napster illegal is that the company did not create their network for fair use of content, but to explicitly violate copyright for profit.
Copilot is like Napster in this case, in that both services launder copyrighted data and distributed it to users for profit.
Copilot is not like other P2P networks that exist to share data that is either free to distribute or can be used under the fair use doctrine. Copilot explicitly takes copyrighted content and distributes it to users in violation of licenses, that's its explicit purpose.
It's entirely possible to make a Copilot-like product that was trained on data that doesn't have restrictive licensing in the same way it's entirely possible to create a P2P network for sharing files that you have the right to share legally.
What made Napster illegal is that the company did not create their network for fair use of content, but to explicitly violate copyright for profit.
Copilot is like Napster in this case, in that both services launder copyrighted data and distributed it to users for profit.
Copilot is not like other P2P networks that exist to share data that is either free to distribute or can be used under the fair use doctrine. Copilot explicitly takes copyrighted content and distributes it to users in violation of licenses, that's its explicit purpose.
It's entirely possible to make a Copilot-like product that was trained on data that doesn't have restrictive licensing in the same way it's entirely possible to create a P2P network for sharing files that you have the right to share legally.