4 ms·

GPL'ed code is not public code. It has the license, which requires fair exchange: if you use my code, then I can use your code under the same license. M$ uses G

by drran 5y ago

GPL'ed code is not public code. It has the license, which requires fair exchange: if you use my code, then I can use your code under the same license. M$ uses GPL'ed code, so now we have the right to use their code under the same license.

Hamuko 5y ago
I imagine that "public code" means any code that is available in the public - be it under MIT, GPL or no license at all.
- pmlnr 5y ago
  Public means a very specific thing in this context, namely Public Domain: https://en.wikipedia.org/wiki/Public_domain https://en.wikipedia.org/wiki/Public_domain Anything that is licensed has some level of exclusivity on it, and therefore it is not Public Domain.
  - Hamuko 5y ago
    >Public means a very specific thing in this context What are you basing that? Especially when this is what is on the Copilot FAQ: >GitHub Copilot is powered by OpenAI Codex, a new AI system created by OpenAI. It has been trained on a selection of English language and source code from publicly available sources, including code in public repositories on GitHub. Absolutely zero mentions of public domain.
    - pmlnr 5y ago
      Yeah. That's the problem itself.
- drran 5y ago
  1) If an author did not grant license to his code, then nobody can use it, by default, according to copyright law. 2) If an author did grant license to his code, then somebody, but not anybody, can use the code according to license. 3) If a somebody refuses to comply with license, then he permanently loses the right to use the code under such license, so then see (1).
  - Hamuko 5y ago
    Compliance with the license is not necessary if it's actually Fair Use. >In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/ https://fairuse.stanford.edu/overview/fair-use/what-is-fair-...
  - syshum 5y ago
    >> If an author did not grant license to his code, then nobody can use it, by default, according to copyright law. this is false. Fair Use is not about the license, it is a set of exemptions from copyright. for example I do not need a license to reproduce and publish a snippet of book for the proposes of review / criticism. The author may not like what I have to say, and did not grant me a license but I certainly can use the snippet under copy right law. The Legal Experts of ML are relaying I believe on the "education" exemption in Fair use for their "training of ML models is fair use". That will be an interesting case for sure
tedunangst 5y ago
That's not how fair use works.
- drran 5y ago
  M$ should demonstrate, how fair use works, on their own code. If they are afraid that such "fair use" will lead to copyright infringement of their code, then they have no ground to stay that same use is fair for my code.
  - tedunangst 5y ago
    That's also not how fair use works.

by drran 5y ago

Hamuko 5y ago

I imagine that "public code" means any code that is available in the public - be it under MIT, GPL or no license at all.

pmlnr 5y ago
Public means a very specific thing in this context, namely Public Domain: https://en.wikipedia.org/wiki/Public_domain https://en.wikipedia.org/wiki/Public_domain Anything that is licensed has some level of exclusivity on it, and therefore it is not Public Domain.
- Hamuko 5y ago
  >Public means a very specific thing in this context What are you basing that? Especially when this is what is on the Copilot FAQ: >GitHub Copilot is powered by OpenAI Codex, a new AI system created by OpenAI. It has been trained on a selection of English language and source code from publicly available sources, including code in public repositories on GitHub. Absolutely zero mentions of public domain.
  - pmlnr 5y ago
    Yeah. That's the problem itself.
drran 5y ago
1) If an author did not grant license to his code, then nobody can use it, by default, according to copyright law. 2) If an author did grant license to his code, then somebody, but not anybody, can use the code according to license. 3) If a somebody refuses to comply with license, then he permanently loses the right to use the code under such license, so then see (1).
- Hamuko 5y ago
  Compliance with the license is not necessary if it's actually Fair Use. >In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/ https://fairuse.stanford.edu/overview/fair-use/what-is-fair-...
- syshum 5y ago
  >> If an author did not grant license to his code, then nobody can use it, by default, according to copyright law. this is false. Fair Use is not about the license, it is a set of exemptions from copyright. for example I do not need a license to reproduce and publish a snippet of book for the proposes of review / criticism. The author may not like what I have to say, and did not grant me a license but I certainly can use the snippet under copy right law. The Legal Experts of ML are relaying I believe on the "education" exemption in Fair use for their "training of ML models is fair use". That will be an interesting case for sure

tedunangst 5y ago

That's not how fair use works.

drran 5y ago
M$ should demonstrate, how fair use works, on their own code. If they are afraid that such "fair use" will lead to copyright infringement of their code, then they have no ground to stay that same use is fair for my code.
- tedunangst 5y ago
  That's also not how fair use works.