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by tpxl 1460 days ago
How can the user be violating the license, not the distributor? If I give you a binary that gives you a Disney movie, it's not you violating the copyright, it's me. The copilot itself is violating the copyright, not its users.
6 comments

"Your honor, I had no way of knowing that this mysterious device I purchased that manufactured shrinkwrapped Disney DVDs was violating copyright."

"Intent is not relevant to copyright infringement liability."

"But your honor, I heard on Hacker News that it was."

"I find you guilty."

"But your honor, copyright violation is usually a civil issue, and 'guilty' is a criminal trial concept."

"Well, I also get my legal training from Hacker News."

If you take the Disney movie the binary gives you and then pass it on, you're in violation even if the company distributing the binary is also in violation. You can sue them for damages that result from you being sued but good luck.
If you're making software just for your own use, you're right. But most people who make software do distribute it.
Where I live, copyright literally means the right to copy. Which means using a binary that gives/produces/generates a Disney movie when you do not have rights to that movie, you violate copyright by virtue of copying the IP into your computers memory and then onto the view buffer of your display. Also if the binary manages to do that without actually violating copyright itself it might even be legal. There's other laws that could be used though, I forgot what they got Napster on but they had something to shut it down, same for torrent sites like Piratebay.
If the copilot users then distribute the source they got from it, they are at that point violating copyright.

E.g., if I take that Disney movie, incorporate it into my own movie, and distribute it, then I'm also violating copyright.

The user of Copilot is a developer - the distributor.

And you might argue that Copilot is also a distributor.