GPLed code on github (given the copilot controversy)

marc marcxfe at welz.org.za
Mon Jul 12 21:16:22 UTC 2021


Hi, me again

So I am going to respond to multiple comments in one go:

I had a look at Julia Reda's post, and as far as I can
make out, she only focuses on the fact that individual
snippets are very short - but doesn't make any mention that
inserting *lots* snippets algorithmically is *all* that 
copilot does...

In a way her position is understandable - I believe it
is consistent with that of the pirate party - they are
copyright minimalists, and would prefer a world with no
copyright, as far as I can tell. But until IP lawyers call
themselves TSOALGGM lawyers (that expands to "temporary
stewards of a limited government granted monopoly" rather
than "intellectual property") I am not sure if her view
is representative of the current situation.

Another commenter said that the codebase used to generate
the model is just somehow the "input" and not actually *in*
model - but I am not sure the distinction is that clear. If
I ROT13 a Metallica mp3, then there is an algorithmic
transformation and new file is clearly different, but it
is possible to recover the original. In the same way it
could be argued that the copilot model encodes the input
code in its weightings. I suppose there are some losses,
but if I were to downsample and ROT13 a Metallica
CD (I don't, I have decided not to like their music), I'd
still be in trouble if I'd claim it as my own work, right ?
And if I XOR it with a Rick Astley mp3, would that suddenly
be fair use ? 

Finally for more amusement value: A different conversation
points out to me that I should have made my mail more
click-baity: "Does copilot mean that microsoft has lost
its license to distribute the linux kernel ?" I am still
not sure - but maybe this bit of sensationalism makes is 
clearer what is at stake ?

regards

marc


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