"here's a test suite, write code in rust that makes that suite pass" is reasonably supported by the article. That would likely not be a derivative work.
IMO, IANAL, etc.
And we’ll ignore the question of what the fact the LLM has certainly seen the git code during training means.
But the test suite would have to stay under the original license. And if you use a GPL test suite as they kernel to develop a program from can you license it non-GPL? I’d question that personally. Same acronyms above apply.
> A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.
So assuming that sum(a, b) is non-infringing and not combined to form a larger program (i.e. the tests aren't compiled into the grit code), then the GPL explicitly doesn't apply to this use
But if you take all the individual tests used to test git as a whole, that seems far more unique. Seems like at that point you’re really having to duplicate the actual git internals, and that seems like it should be covered.
I could have missed them. I didn’t read everything. I did some quick searches.
But the fact they’re not obvious is kind of troubling. Or that they didn’t just copy the tests and documentation for the LLM and not the source to prevent it from looking would hurt any case they had for clean-room privileges in my eyes, ignoring my other comment with concerns about using the tests at all.
