>> Have you ever read GitHub's conditions to know whether they also have the right to use your code that way, no matter how you decide to license it?
> I have, and there is not.
At least one IP lawyer strongly disagrees, suggesting anything you host on GitHub is fair game [1].
> The person writing an SO answer is intelligent and capable of conceptual understanding, the computer regurgitating code without regard to its license is not.
From a copyright perspective, that is irrelevant. In fact I would think Copilot has more incentives to not infringe than a random SO user, who is very unlikely to be sued. I already argued in another post that in my view, from any perspective, it is also irrelevant whether it's a person or AI doing the same work Copilot does.
> At least one IP lawyer strongly disagrees, suggesting anything you host on GitHub is fair game [1].
The question is whether Copilot's users can use the regurgitated code without following the license terms, not whether Copilot was allowed to train their model on it. I agree it's likely fine for them to train the model, but the use of Copilot would seem to be a legal minefield.
A little thought makes it clear that an affirmative answer would be absurd. This would mean that using a simple tool (let's say `cat`) to make a copy of some code and subsequently ignoring its license terms is infringement, but if the software used to make the copy is more complex (or perhaps if it has the "AI" label stuck to it!) the same actions are not infringement.
At least one IP lawyer strongly disagrees, suggesting anything you host on GitHub is fair game [1].
[1] https://fossa.com/blog/analyzing-legal-implications-github-c...
> The person writing an SO answer is intelligent and capable of conceptual understanding, the computer regurgitating code without regard to its license is not.
From a copyright perspective, that is irrelevant. In fact I would think Copilot has more incentives to not infringe than a random SO user, who is very unlikely to be sued. I already argued in another post that in my view, from any perspective, it is also irrelevant whether it's a person or AI doing the same work Copilot does.