Originally posted by Old Grouch
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- The purpose and character of the use. What use are you making of the copyrighted work? Nonprofit, noncommercial use is more likely to be considered fair than if you are looking to profit.
- The nature of the copyrighted work. Is the work used more creative and thus more closely related to copyright law's purpose of protecting creative expression? Or is it more factual and technical and thereby less susceptible to a variety of forms of expression?
- The amount of the original work that was used. Was only a small portion of the copyrighted work used? Note that this is only one factor considered, and there is no specific rule about how much use is fair use.
- The effect of the use on the original work's value or market. Is your use likely to harm or undercut the market for the copyright holder's work?
There is no AI I know of that you can trust to solve those 4 questions. Also remember taking snippets may not only breach copyright law. You have trademark law and patent protected as well. Yes you can take a snippet from one GPLv3 work into another GPLv3 work and end up in court because that snippet has resulted in a miss usage of a trademark. You can also copy a snippet from one MIT licensed work to another MIT licensed work and end up with a patent breach as well because the patent was only licensed to be used with a particular work.
Originally posted by [email protected]
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Controlflag in theory could train on any source code.the way it working is not going to undermine the value of the original work or transfer a fragment of the original work into another work.
AI training on source code to provide guide to developer of what sections of their code need review is leaving the code alterations in the project developers hands.
Now if Controlflags started like github providing examples how to fix what its detected then you are going to run into infrignment problems with copyright, trademarks, trade secrets and finally patents at different times. Yes trade secrets you would be able to avoid by controlling the input source code but other three are on the table. Problem is the other three could have you stuck in court for 10 years to get a final ruling and if it against you its going to cost a lot possible everything you have.
When you have something that companies like IBM and Google and Oracle at times are not sure where the law is with their huge legal teams that is snippets of code with copyright, trademarks and patents transferred into another project there is no hope for a AI to be solving this correctly. Yes the different court rulings in USA by IBM, Google and Oracle over these points at the high court don't all align with each other. So this is a do you fell lucky on how the high court will rule on the day problem this also make legal option not decided on what the ruling really is.
Some areas in the law are better off avoided. People do not think they need to check code snippets for trademarks and patent declares until they work in a large company and have to do a legal review and get told off by the legal team because not checking that stuff is dangerous.
Github is be pushing the legal limit with Copilot with the problem here that if this end up ruled against there is going to be a lot of harmed parties. One developer proved that you could get Copilot to provide another projects about box text with trademark and all. Now if that slipped into your production product how to say ouch because it trademark infrignment without question. Copyright is complex hell to work out what is legal. Trademarks and patents are even worse because the fair usage defence is even more limited with those to many cases being non existent.
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