It seems to me that regardless of the outcome of this case, some developers do not want to have their code used to train LLMs. There may need to be a new license created to restrict this usage of software. Or, maybe developers will simply stop contributing open source. In today’s day and age, where open source code serves as a tool to pad Microsoft’s pockets, I certainly will not publish any of my software open source, despite how much I would like to (under GPL) in order to help fellow developers.
If I were Microsoft, I’d really be concerned that I’m going to kill my golden goose by causing a large-scale exodus from GitHub or open source development more generally. Another idea I’ve considered is publishing boatloads of useless or incorrect code to poison their training data.
As I see it, people should be able to restrict how people use something that they gave them. If some people prefer that their code is not used to train LLMs, there should be a way to enforce that.