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by unreal37 1124 days ago
I don't understand why people just automatically doubt things that companies say when they can be sued (or would otherwise destroy their business) if they are lying about it. Seems unnecessarily pessimistic.
5 comments

People doubt Microsoft because they've historically run a very aggressive business and done things of questionable morality many times.

They've been to court and they've lost and it definitely hasn't destroyed their business one bit.

For example, Microsoft subsidiary LinkedIn routed customer email through their servers so that they could scrape it. They did that without customer knowledge via a dark patten.

They later apologised for doing it but still used it to propel the company's growth. In the end it didn't hurt anything but their reputation for respecting people's privacy.

Microsoft's own anti-trust history is littered with exceptional behaviour too. They are the size they are now by dint of super aggressive business practices.

Normally because history shows us that redress via the court systems is rarely punitive to a company the size of Microsoft, further Microsoft has a long history of lying to its customers with seemingly no impact on its business.
I mean, we discovered that the whole car industry was lying flagrantly on their emission tests which had the potential of destroying the whole business and there were A LOT of people who knew about it and could talk anytime

Why wouldn't sw companies do the same?

And how many of those companies were materially impacted or had more than a couple quarters of negative consumer backlash?

None.... so the grandparents comment is with out evidence that either consumers or regulators hold companies to account

But will that actually be against ToS or copyright? Many people tend to say that copilot learning from OSS doesn’t infringe any copyright and is no different from a person just learning from someone else’s work. So how is it different if copilot is learning from private repositories? Or eg from leaked source code?
Isn’t it illegal to learn from leaked source code? Or even to view it at all?
It is not, at least in the US. Distribution is illegal; possession may or may not be prosecuted; and if you read the code and provably reuse it or make use of trade secrets you could lose a lawsuit. But if you "somehow" have access and don't do anything associated with the code, the basic act of reading it carries no penalties.
I fully expect the answer to this vary wildly from jurisdiction to jurisdiction.
I'm frequently told on HN that Big Tech would willingly, flagrantly violate GDPR like its nothing. Even if the upside of collecting that info was minimal and the downside was 4% of global revenue.

I guess if they can do that, then what's a small lie about private repos between friends.

I’m fairly confident this is untrue. At Microsoft at least, it’s a big deal when there is a privacy issue, even a small localized one on a single product - and creates a small firestorm.

We’ll get engineers working long hours focused on it, consulting closely with our legal and trust teams. One of the first questions we ask legal when we suspect a privacy issue is “Is this a notifiable event?”

It’s not really about getting slapped by regulators - it’s the fact that much of Microsoft’s business is built by earning the trust of large companies and small ones. Many of them are in the EU of course, but we have strict compliance we apply broadly. It’s just not worth damaging our reputation (and hurting our business) for some shortcut somewhere, as trust takes a long time to build and is easily broken.