GitHub's Copilot flies into its first open source copyright lawsuit
Microsoft can't argue the facts. Copilot is based on open source code. The real question is whether their actions violated the code's copyright. Is it"fair use," or is it intellectual property theft? That, my friend, is a complicated question. It will not be solved quickly. Butterick knows this.
"This is the first step in what will be a long journey. As far as we know, this is the first class-action case in the US challenging the training and output of AI systems. It will not be the last. AI systems are not exempt from the law. Those who create and operate these systems must remain accountable."
GitHub, of course, claims,"We've been committed to innovating responsibly with Copilot from the start, and will continue to evolve the product to best serve developers across the globe."Microsoft and OpenAI haven't commented yet on the suit. That will come in time. This case will not be going away. Eventually, they'll need to address the claims. Then, for I see no chance of this being settled out of court, it will start its long slow journey through the US legal system.
In the meantime, open source leaders are still considering all the ramifications of this lawsuit. Open Source Initiative veteran Simon Phipps mentioned on Mastodon that he thinks"the only thing that it's safe to
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