@rysiek

The argument about the derivative work is plain wrong, and I'm really surprised that Julia Reda wrote something like this.¹

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On the other hand, the argument that the outputs of GitHub Copilot are derivative works of the training data is based on the assumption that a machine can produce works. This assumption is wrong and counterproductive. Copyright law has only ever applied to intellectual creations – where there is no creator, there is no work. This means that machine-generated code like that of GitHub Copilot is not a work under copyright law at all, so it is not a derivative work either. The output of a machine simply does not qualify for copyright protection – it is in the public domain. That is good news for the open movement and not something that needs fixing.
```

The output of a compiler is under the copyright of the authors of the sources because the machine does NOT add anything creative, but only apply an algorithmic transform to the sources.

Thus the output of a compiler is under the copyright of the authors of the sources.

Similarly a zip containing the sources is under the #copyright of the authors of the sources.

The training of #GitHubCopilot's model just did the same: it turned sources under their authors' copyright into a big opaque archive (aka blackbox #OpenAI) that can be queried through an API.

Thus the model is protected under the copyright of all the authors of the original sources.
And since such code were distributed under #AGPLv3 code, the whole model must be distributed within 30 days to prevent a termination of the license.

Sure, I'd be very happy to learn that zipping a book or ripping a dvd would end the rights of the copyright holders.

But if I cannot algorithmically transform #windows11 binaries, say by decompiling them, ending #Microsoft's right on the output, then Microsoft cannot transform my #AGPLv3 code without complying with the license.
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¹ Or at least, I would have been surprised months ago, before she signed the "open letter" against #RMS to divide the #FreeSoftware movement

@tindall