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Github's TOS doesn't infringe on any licenses. https://docs.github.com/en/site-policy/github-terms/github-terms-of-service#d-user-generated-content https://doc

by junon 4y ago

Github's TOS doesn't infringe on any licenses. https://docs.github.com/en/site-policy/github-terms/github-terms-of-service#d-user-generated-content https://docs.github.com/en/site-policy/github-terms/github-t... I'm actually surprised they allowed Copilot to happen, given this section: > This license does not grant GitHub the right to sell Your Content. It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, GitHub may permit our partners to store and archive Your Content in public repositories in connection with the GitHub Arctic Code Vault and GitHub Archive Program. One could make the argument they had no intrinsic right to use the software for Copilot except under the terms laid out under the respective softwares' licenses. This means any GPL code they copied by error is now in violation of the GPL by default. But IANAL.

World177 4y ago
In my memory, when GitHub released it, they were explicit that using data like this “is common practice in machine learning.” Though, I tried to find the quote and couldn’t, so maybe my memory is wrong and I am remembering a blog post from another organization. edit: The exact quote was “Training machine learning models on publicly available data is considered fair use across the machine learning community” if you want to search for it. edit 2: https://web.archive.org/web/20210629142841/http://copilot.github.com/ https://web.archive.org/web/20210629142841/http://copilot.gi... > Frequently Asked Questions -> Training Set -> Why was GitHub Copilot trained on data from publicly available sources? > Training machine learning models on publicly available data is now common practice across the machine learning community. The models gain insight and accuracy from the public collective intelligence. But this is a new space, and we are keen to engage in a discussion with developers on these topics and lead the industry in setting appropriate standards for training AI models.
- junon 4y ago
  Yes, I could claim that pirating music is the "standard" but it doesn't negate the fact that there are copyright laws that could land me with a fine or in jail. GitHub can claim whatever they want, but their policies and the laws surrounding them still stand.

by junon 4y ago

World177 4y ago

In my memory, when GitHub released it, they were explicit that using data like this “is common practice in machine learning.” Though, I tried to find the quote and couldn’t, so maybe my memory is wrong and I am remembering a blog post from another organization. edit: The exact quote was “Training machine learning models on publicly available data is considered fair use across the machine learning community” if you want to search for it. edit 2: https://web.archive.org/web/20210629142841/http://copilot.github.com/ https://web.archive.org/web/20210629142841/http://copilot.gi... > Frequently Asked Questions -> Training Set -> Why was GitHub Copilot trained on data from publicly available sources? > Training machine learning models on publicly available data is now common practice across the machine learning community. The models gain insight and accuracy from the public collective intelligence. But this is a new space, and we are keen to engage in a discussion with developers on these topics and lead the industry in setting appropriate standards for training AI models.

junon 4y ago
Yes, I could claim that pirating music is the "standard" but it doesn't negate the fact that there are copyright laws that could land me with a fine or in jail. GitHub can claim whatever they want, but their policies and the laws surrounding them still stand.