DeVault: GitHub Copilot and open source laundering

Posted Jun 27, 2022 14:18 UTC (Mon) by anselm (subscriber, #2796)
In reply to: DeVault: GitHub Copilot and open source laundering by NYKevin
Parent article: DeVault: GitHub Copilot and open source laundering

For the purposes of determining whether X is a derivative work of Y, the judge looks at X, Y (its contents, not its license), and the copyright statute. Nothing else.

I think it would still be of some interest whether X resulted from Y through “cp Y X” or through a query to Copilot whose model was trained on Y. In the first case, X is pretty clearly a derived work of Y. In the second case, Microsoft, at least, would probably like to claim it isn't.