It seems like this space will open up all sorts of interesting novel legal questions.
It is possible to provide CoPilot with a sequence of inputs that produces some of the input, which was copyrighted. Let's say you want to help people violate copyright, so you as a third party distribute a script that provides that sequence of inputs. Who's violating the copyright there?
Alternatively -- it is apparently legal to produce a clean-room implementation that duplicates a copyright implementation. Supposing you were to use a tool like CoPilot, which has just been trained on that copyright implementation. Is your room still clean? You might even be able to get it to spit out identical functions!
Or, if you have a ML algorithm which has been trained on leaked closed source code, and it is sufficiently over-fitted as to just provide the source code given the filename or the original binary, who is violating copyright when this tool is used? If it is just the end user, then this seems like a really convenient way to launder leaked closed source code.
It is possible to provide CoPilot with a sequence of inputs that produces some of the input, which was copyrighted. Let's say you want to help people violate copyright, so you as a third party distribute a script that provides that sequence of inputs. Who's violating the copyright there?
Alternatively -- it is apparently legal to produce a clean-room implementation that duplicates a copyright implementation. Supposing you were to use a tool like CoPilot, which has just been trained on that copyright implementation. Is your room still clean? You might even be able to get it to spit out identical functions!
Or, if you have a ML algorithm which has been trained on leaked closed source code, and it is sufficiently over-fitted as to just provide the source code given the filename or the original binary, who is violating copyright when this tool is used? If it is just the end user, then this seems like a really convenient way to launder leaked closed source code.