why everyone on discussions tries to bring "if a human made it"? a generative AI operates way faster than anyone ever existed and ever will. and having dozen/hundreds/thousands humans substituted by a machine that makes money for some for-profit greed company is really fair?
for sure legal battles on people copying code from permissive licenses should be developed further but it's a different economy
At what measure is one sufficiently inspired for it to be a derivate work? That is up to courts to decide.
Technically when you get a piece from each, there is no infringement legally. ( as they have all different copyright holders )
If CoPilot indeed derives a function (or a functional block) from a single source, it might plainly violate the license of the repository where it derives the code from.
There are many questions, and nothing is clear cut. The only thing I know is, I will never use that thing.
EDIT: I remembered that people were able to make CoPilot emit their code almost as-is with the correct prompts: https://x.com/docsparse/status/1581461734665367554
So it's not we're taking a bit from n different sources, and generate something with that.
False in ex-Commonwealth countries and Japan.
To simplify:
- imagine all code Copilot trained on is GPL licensed. - we have a universal function `isInfringing(code)` that has access to all GPL code, and returns `true` if it is infringing some GPL code.
for a given prompt; if `isInfringing(copilot(prompt))==false` we cannot claim copilot infringing on GPL code, even it is trained on GPLed code.
so the problem starts here; does the piece of code copilot emits, if written by yourself also would be infringing ?