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0 pointstyingq3y ago0 comments

It would be hard to defend it as "transformative" while it's still possible to get it to spit out large blocks of verbatim (or near-verbatim) copies.

That is, the way GitHub describes Copilot working might pass as fair use. The way it (sometimes) works in real-life will not.

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williamcotton3y ago· 2 in thread

The model itself is transformative and is considered separate from the outputs.

The outputs will always be a liability for a developer using the tool. So far the outputs are not covered by copyright due to the merger doctrine of the idea-expression distinction.

https://en.wikipedia.org/wiki/Idea%E2%80%93expression_distin...

tyingqOP3y 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.

williamcotton3y ago

Here's an exhaustive explanation:

https://texaslawreview.org/fair-learning/

Here's some relevant case law:

https://en.wikipedia.org/wiki/Baker_v._Selden

https://en.wikipedia.org/wiki/Whelan_v._Jaslow

https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_....

Here's some relevant legal doctrine:

https://en.wikipedia.org/wiki/Abstraction-Filtration-Compari...

https://en.wikipedia.org/wiki/Structure,_sequence_and_organi...

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.

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