If GitHub Copilot Is a Copyright Problem, Perhaps the Problem Is Copyright
techdirt.com
techdirt.com
Just because something is created with one's mind and expressed in text that can be copied infinitely on the internet doesn't mean the person who created cannot claim ownership of their work.
You're kind of making the "you wouldn't download a car" argument which personally I always found a bit ridiculous, if I could download a car of course I would. What reasoning is there to pay for something that can be obtained for free and the consequences of you obtaining it for free are the same consequences of you never having it in the first place.
The difference between illegal copying and stealing is that in the first one the original author has no way of knowing they have been affected by it while in the second one the original owner always knows they've been affected.
Of course, the "stealing" only works if you think about the "potential loss". That a pirated copy in the now means a loss of profit in the future (I won't buy the item if I've already enjoyed it). But in realistic terms, this isn't necessarily true. I think it is the case for a lot of people that when they were children they incurred in illegal copying of media but what was the alternative? To ask your parents to buy you everything? Think of, for example, the anime industry in the west; if you think anime became popular in the west because they had some anime shows in cartoon network you couldn't be more wrong. How many of these illegal copying children have become paying adults?
Not only that, but can we really say in all honesty that the world is a better place when people in poor countries that manage to obtain a piece of hardware are incapable of accessing software because they can't pay for it? Now, this might seem like a problem of pricing but any price will always be a barrier for someone that's struggling. And who are the people that benefit the most from illegal copying? Is it rich people in developed countries, or poor people in developing countries?
Knowledge and information has the particularity that it can be copied at an almost negligible cost. We don't charge for air because we need it to breathe and because it is so accessible. We tend to charge "the right price" for water because we need it to live and it's not as accessible as we'd like. So what about information? Knowledge? Information-based entertainment? Are these required for living a fulfilling life? I think yes, are these accessible? As long as you have the hardware, yes.
So what kind of world is the one where things we can obtain for free are restricted through artificial monopolies? Is this not actually a problem? Maybe you'll think that if people can obtain stuff for free then no one will want to make stuff anymore; but I think this is an assertion that actually needs proving, and if it were the case. Wouldn't that be pointing out at an even bigger systemic problem?
As it is pointed out in the article, sharing is starting to become the default for many developers out there. And personally I think this is a great thing, and I think the author agrees. But copyright is built on a rewards-idea, which counters the altruistic nature of sharing. If you expect something in return you're not actually sharing, but lending.
And I think this is where the issue becomes really tricky. There's a societal expectation of reward, we don't live in a sharing economy. I actually want to live in a society where tools such as copilot or AI generated art do not harm artists or developers but improve the capabilities of people who previously couldn't do as they wishes for lack of time, patience or skill.
But it seems to me like we can't really make use of our collective knowledge building to the fullest under our current economic and societal paradigms. Now, I'm not sure what kind of society is the one that can truly achieve what we want; but I think it's worth thinking about. And to me, this copyright/machine assistant issue is right at the center of this problem. And, well, not just that but technology as a whole is always a driver of societal innovation as it puts societies in such dire contradictions.
Though I do wish artists and people affected by copilot wouldn't focus so much on their individual detriment and would take a bit of a step back and think more about what do we actually want for society as a whole. To me, and I think the article does a pretty good job at explaining this as well, the issue seems to be much bigger than individuals being hurt by the actions of a corporation.
If someone was okay with the shared code being used in a different context and changes not being shared back, they'd have used a permissive license. But they did not.
The reason copyleft people are up in arms about this is because it entirely undoes the social and legal contract of copyleft licenses.
This productivity improvement should be advancing the open source community even faster, but instead most people are just pissing on it for various ideological reasons.