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Not sure I follow. Forgetting how the tool works, it's sold as a tool that outputs usable code for customers. If it's outputting copyright encumbered code (ev
by tyingq 4y ago
Not sure I follow. Forgetting how the tool works, it's sold as a tool that outputs usable code for customers. If it's outputting copyright encumbered code (even occasionally), then Microsoft/Gitlab is going to be liable for that.
I don't think an explanation of how it's okay since it's an AI model is going to impress a judge, if the plaintiff shows long passages of verbatim copyrighted code coming out of it.
- williamcotton 4y agoHere's an exhaustive explanation: https://texaslawreview.org/fair-learning/ https://texaslawreview.org/fair-learning/ Here's some relevant case law: https://en.wikipedia.org/wiki/Baker_v._Selden https://en.wikipedia.org/wiki/Baker_v._Selden https://en.wikipedia.org/wiki/Whelan_v._Jaslow https://en.wikipedia.org/wiki/Whelan_v._Jaslow https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_Inc https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_.... Here's some relevant legal doctrine: https://en.wikipedia.org/wiki/Abstraction-Filtration-Comparison_test https://en.wikipedia.org/wiki/Abstraction-Filtration-Compari... https://en.wikipedia.org/wiki/Structure,_sequence_and_organization https://en.wikipedia.org/wiki/Structure,_sequence_and_organi... https://en.wikipedia.org/wiki/Idea–expression_distinction https://en.wikipedia.org/wiki/Idea–expression_distinction The only thing I can say is that if there is a tool that is consistently outputting copyright protected works that this burden would not be worth it for most people. But as I have yet to see a single output from my own use or from Twitter that would pass the filtration test I am not worried about my personal liability.