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Consider each repo on github to be a movie. What copilot does is to search for sequences of frames from any movie which line up to create a new coherent movie.

Individually, each frame is protected by the copyright of the movie it belongs to. But what happens if you take a million frames from a million different movies and just arrange them in a new way?

That's the core question here. Is the new movie a new copyrightable work, or is it plagiarizing a million other works at once? Is it legal to use copyrighted works in this way?

The other question is if it is right to use copyrighted works this way. Is this within the spirit of open source software? Or is this just a bad corporation taking advantage of your good will?

I'm not sure where I stand on this, it's a complicated problem for sure. Definitely interested to see how this plays out in court.



Fair use.




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