4 ms·
> however if the suit is successful: every company/individual that has used it is likely suddenly liable for millions of claims of copyright infrigement Only i
by spiralpolitik 3y ago
> however if the suit is successful: every company/individual that has used it is likely suddenly liable for millions of claims of copyright infrigement
Only if you can prove that you are the copyright owner of the original work.
That might be a challenge for many open source projects. Even projects that require copyright assignment might not have sufficient paperwork to prove this in a court of law. The copyright might not even have been the persons to assign in the first place.
You would also face the burden of proving that the fragment that Copilot generated was sufficient to be copyrightable in the first place. The limited grammar of most programming languages would probably make proving that something was copyrightable at the function level hard. Just because the entire work was licensed under the GPL, it doesn't necessarily follow that all the individual fragments when separated out are.
Outside of sampling, this is an area that the courts have largely punted on for good reason. It's a rabbit hole nobody wants to go down.
Either outcome opens up a huge can of worms that I suspect nobody really wants to touch because it likely ends in mutual destruction.