Class action against GitHub Copilot

Posted Nov 11, 2022 15:07 UTC (Fri) by farnz (subscriber, #17727)
In reply to: Class action against GitHub Copilot by bluca
Parent article: Class action against GitHub Copilot

That's a misrepresentation both of the Napster case (where the court deemed that the user's right to ingest copyrighted materials into the system was irrelevant), and of the EU Copyright Directive, which merely says that ingesting publicly available material into your system is not copyright infringement on its own, and that the fact of such ingestion does not make the model infringing. This does not preclude a finding of infringement by the model or its output - it simply means that to prove infringement you can't rely on the training data including your copyrighted material, but instead have to show that the output is infringing.