So GitHub copilot… correct me if I’m wrong here: it was trained on open source (including GPLed & AGPLed code?) by *spit* Elon Musk’s OpenAI and now it regurgitates said code and this doesn’t violate the GPL/AGPL because…?

@realcaseyrollins I don’t believe we can speak of “ordinarily” at this point :) (There is no case law to speak of.)

@aral what the heck is so different about this instance that we would need a new legal precedent for this?

@realcaseyrollins Because it uses machine learning. So Microsoft will argue it’s fair use (based on properties unique to machine learning) and I’d argue, for example, that it is not different to any other use and should come under the terms of the license as a derivative.

@aral Oh I didn't even know there was a question as to whether or not it was derivative. Has anyone argued otherwise? Other than #Microsoft perhaps

@realcaseyrollins No idea. They just released it yesterday and I only saw it today :)

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