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Re:Microsoft sued for open-source piracy through GitHub Copilot by williamcotton on Saturday November 05, 2022 @09:24PM (#33487783)
> It's not illegal to come up with code that is exactly the same as an existing piece of copyrighted code.

That's not why it is not a copyright infringement to come up with code that is exactly the same as a piece of code that is the same as some other code.

"In computer programs, concerns for efficiency may limit the possible ways to achieve a particular function, making a particular expression necessary to achieving the idea. In this case, the expression is not protected by copyright."

https://en.wikipedia.org/wiki/Abstraction-Filtration-Compari...

It's because the code in question is most likely to only be written in one way.

If you happen to come up with the same melody and lyrics as a pop song in a "clean room" do you think you are in the clear? We're talking about copyright! It is meant to cover artistic expression! Not utilitarian inventions.

Re:Microsoft sued for open-source piracy through GitHub Copilot by williamcotton on Saturday November 05, 2022 @09:33PM (#33487864)
So the things that are covered by copyright in software are the creative choices... like, the overall structure of the code, the specific classes, and interfaces, etc. Like, there's a zillion ways to organize code (certainly some better than others!) and this is where clean-room design comes into play. It is really unlikely that in a decent sized codebase that the classes, or types, or whatever are going to be substantially similar.
Re:Microsoft sued for open-source piracy through GitHub Copilot by xyzzy_plugh on Saturday November 05, 2022 @11:42PM (#33488691)
You're both right but only one of you is seated in reality, the other describes the reality we aught to be in, but are not.
Re:Microsoft sued for open-source piracy through GitHub Copilot by williamcotton on Sunday November 06, 2022 @07:06AM (#33491723)
While I know I am right about the current interpretation of how copyright applies to software I am also of the opinion that this is also how things aught to be.

I have yet to hear a persuasive argument otherwise.

Is it because I both write and publish open source code and write and publish music that I am able to clearly delineate idea from expression?

For one, I have never been satisfied with the non-utilitarian aspects of Copilot’s output. When I am writing software the real art has always been in how code is organized. I gain absolutely no aesthetic value from autocompleting unit tests or boilerplate.

You may think that the outputs of Copilot and Stable Diffusion are artistic in nature but all I see is a rhyming dictionary.

I look at attempts to have copyright cover the utilitarian aspect of software as an attempt to claim ownership over chord progressions, scales or time signatures.