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by O__________O 1359 days ago
GitHub’s terms of service explicitly allow them to do what they did, if anyone is in violation of the licenses you’re referencing it’s the people that loaded the code into GitHub.
2 comments

>if anyone is in violation of the licenses you’re referencing it’s the people that loaded the code into GitHub.

MS can't use this excuse, if some dude uploads Windows code or say GTA6 code on GitHub I can't just use it and point you to the GitHub repo and ask you to figure it out with that person.

MS should either

1 tell you that the code is BSD,GPL, MIT depending on what is derived from

2 tell you that is not derived but some new code, but at the same time put his fat ass on the line and also put proprietary code in the mix, like their code and private code on GitHub since they claim the output is not derived from the input.

But they did it half ways, they did not had the courage for 2 and they did not want to respect the MIT,GPL either

Please don’t repost same comment to same thread in different places — already replied here:

https://news.ycombinator.com/item?id=33081744

That is not how copyright law works. If someone uploads an image as public domain, or code as a BSD license, without having the right to do so, that doesn't give others the right to use those things.
Unless I am missing something, nothing I said prior conflicts with your point, nor shows that GitHub is willfully violating the law. Are you aware of any copyrighted material that was illegally loaded to GitHub that has been proven to be used by CoPilot, it’s use was not transformative — AND - GitHub has not removed it from the model?
The code used in GitHub copilot is all copyrighted with GPL, MIT,BSD. Also lots of the code was not uploaded to GitHub by the authors so GitHub shity ToS won't apply so you can't claim that the authors agreed to some vague terms that we can now intepret as allows only GitHub to create copilot.

You did

1 MS did not violate copyright since is open source code, andfor soem reason you think that only proprietary code should be removed from copilot

2 even if MS violated the license the guilty person is the dude that uploaded the code to GitHub and click I Agree not he ToS, implying that somehow the GitHub ToS has the ability to change open source license(but t proprietary ones, since you claim MS "removed" such code when it was revealed).

As I mentioned above, MS are cowards, iof their thing is real creating new stuff then put their ass on the line and put their own code in too, put all proprietary code in GitHub in copilot too and then have their well paid lawyers defend their tech.

As written, GitHub users are fully responsible for abiding by the terms of service, which supersede any legal terms uploaded unilaterally by a user.

Name calling is though is very clearly against HN’s guidelines.

Are you sure you understand what you are writing here?

Let me try to use an example, maybe we are both bad at expressing this in english

  I did no say that the user that uploads has no responsibility, but if I upload the Windows code, or FreeBSD code and mark it as GPL and click I agree on the ToS , does this mean that the original license is invalid and GitHub can do whatever they want just because a random person click an Html button?
Prior statement by me within thread you are responding to:

>> “Are you aware of any copyrighted material that was illegally loaded to GitHub that has been proven to be used by CoPilot, it’s use was not transformative — AND - GitHub has not removed it from the model?”

Speculative claims to me are do not merit any response, especially when accusing party of something for which you have no related evidence; which actually might be defamation.

If you have any creditable, independently verifiable, material, etc - evidence of a violation of a specific reproducible CoPilot output, which is documented as having been a valid copyright violation by an unauthorized party, and it has not been removed from the model — please feel free to share links.

As is, GitHub has the right to use code unless they receive what I just requested multiple times from you and appears possible you’re intentionally ignoring for reasons I do not understand.

If I have missed something, it’s not intentional, happy to address any errors or omissions on my party if they exist; assuming you’re not skipping over my points.