> Copyright law has always used a "color of your bits" argument This is an excellent point in the context of this question. Typical computer programmer respons

> Copyright law has always used a "color of your bits" argument This is an excellent point in the context of this question. Typical computer programmer responses like "but there are only so many ways to write a function that does X" or "how small of a matching section counts as copyright infringement" ignore the color of the bits. A judge can look at ChatGPT or Copilot, decide that it took in license-limited copyrighted data in its training set, observe that a common use is to have it emit that data - to emit bits that are still colored with copyright - and tell OpenAI, or Copilot, or their users that they are guilty of copyright infringement. There may be no coherent mathematical or technical formula to determine the color of a bit, but that's understandable, because the color doesn't exist in mathematical, technical, coherent domains anyways: Only the legal domain sees color, and it can take care of itself.