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My understanding is that Github's argument is that their use of the code to train Copilot is fair use. As such, whether the code in question has been released a
by ben0x539 5y ago
My understanding is that Github's argument is that their use of the code to train Copilot is fair use. As such, whether the code in question has been released as open source only matters to the extent that it makes it more convenient for Github to access it, but the argument would work as well for a proprietary codebase.
Edit: I just skimmed the copilot blurb again, they seem to refer to "publicly available" sources and not open source code as their input.
- drran 5y agoYes, this is M$ argument, but it's not backed by law. See [0]. "Publicly available" is not "in public domain". Many commercial songs are "publicly available" via a radio station. [0]: https://www.copyright.gov/fair-use/more-info.html#:~:text=Fair%20use%20is%20a%20legal%20doctrine%20that%20promotes,unlicensed%20use%20of%20copyright-protected%20works%20in%20certain%20circumstances https://www.copyright.gov/fair-use/more-info.html#:~:text=Fa.... .