The judge also noted that the cited study itself mentions that GitHub Copilot “rarely emits memorised code in benign situations.”
“Rarely” is not zero. This looks like it’s opening a loophole to copying open source code with strong copyleft licenses like the GPL:
- Find OSS code you want to copy
- Set up conditions for Copilot to reproduce code
- Copy code into your commercial product
- When sued, just claim Copilot generated the code
Depending on how good your lawyers are, 2 is optional. And bingo! All the OSS code you want without those pesky restrictive licenses.
In fact, I wonder if there’s a way to automate step 2. Some way to analyze an OSS GitHub repo to generate inputs for Copilot that will then regurgitate that same repo.
If it’s dangerous to repair it, it’s dangerous to own. That’s the domain for regulations by the government, not arbitrary software restrictions by software manufacturers.
They don’t implement these to keep you safe. They do it purely to make more money.