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>> "Is Copilot the same as a human programmer reading a lot of GPL code and rehashing, in a non-infringing way, the algorithms, functions, and designs used in a
by TuringNYC 4y ago
>> "Is Copilot the same as a human programmer reading a lot of GPL code and rehashing, in a non-infringing way, the algorithms, functions, and designs used in a lot of FOSS? Or is Copilot performing more of a copy and paste pastiche of code that is protected by intellectual property law?"
IANAL, but isnt the concept of "derived data" pretty standard? You dont need to copy data for it to be infringing. I've tackled derived data clauses regularly when negotiating data contracts at work and there is always verbiage and discussion around it (e.g., are we allowed to publish an average of the purchased data)
- pbhjpbhj 4y agoAn average is not related to artistic aspects of the data and so can't be a derivative in the copyright sense (based on international law - one of the principle Conventions is fully titled "the Berne convention for the protection of literary and artistic laws", that's because copyright protects literary and artistic works). Provided you have rights to access a body of statistics, then copyright has nothing to say -- save overreaching national caselaw (!) -- on your derivation of mathematical, technical, or scientific data from that work. But a contractual clause, in general, doesn't care about copyright; of you've contracted not to derive data from a work then that's orthogonal to copyright. IANA(IP)L, this is my opinion and unrelated to my employment.