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Re:We've filed a lawsuit against GitHub Copilot by kmeisthax on Thursday November 03, 2022 @05:13PM (#33457694)
Wine/Proton are safe because there is controlling 9th and SCOTUS precedent in favor of reimplementation of APIs.

The reason why those wouldn't apply to Copilot is because they aren't separating out APIs from implementation and just implementing what they need for the goal of compatibility or "programmer convenience". AI takes the whole work and shreds it in a blender in the hopes of creating something new. The hope of the AI community is that the fair use argument is more like Authors Guild v. Google rather than Sony v. Connectix.

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