DeVault: GitHub Copilot and open source laundering

DeVault: GitHub Copilot and open source laundering

IMHO we don't need to figure this out, unless somebody wants to allege that GitHub is violating the AGPL by not providing the model's source code, parameters, etc. Such a lawsuit would be complicated, messy, and bring in all sorts of difficult legal issues.

For literally any other legal claim under the sun, you can just point directly at the output and say "Regardless of how it was created, that output is substantially similar to some portion of the XYZ codebase, and therefore it is a derivative work of XYZ and is in violation of [whatever license applies]." Judges have been dealing with the "we can't directly prove that the defendant copied the plaintiff's work" problem for a very long time, and are perfectly capable of finding for the plaintiff anyway.