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Note that the controlling framework here is copyright law, hence the term "copyright license". A lawyer will tell you that reimplementing code you have read, e
by tadfisher 4y ago
Note that the controlling framework here is copyright law, hence the term "copyright license".
A lawyer will tell you that reimplementing code you have read, even if you change around the functions and rename the variables, is inviting a lawsuit. A general defense to a copyright lawsuit is to document that you have never viewed the copyrighted work, e.g. by having one person/team document the function of the code and having another person/team implement the function using that documentation (a.k.a. "clean-room reverse-engineering").
In this case, it would be up to the courts, but having a piece of copyrighted code reproduced verbatim in your project without a license is not a good look, and I highly doubt usage of Copilot would be an affirmative defense.
- williamcotton 4y agoIf you look at NEC v Intel we get an affirmation that verbatim similarity is often a sign that it was the only way to implement a given function. And in Sony v Connectix we get a ruling that even non-clean room implementations are not in violation if there is no way to reverse engineer otherwise.