[anon2020dot00]

A few snippets of code is not a product. If there was an open-source money-making product and someone builds a competing product using considerable help from CoPilot then that is a stronger case for damages then if someone just used some snippets of code in their own product.

But at that point, it would be just like someone cloning the Github code without following the license and in that case, it should become obvious that there is a clear violation harming the creators. But in most use cases of CoPilot, where-in people are just using it to build their own product, I doubt there is a cause for damages.

[bern4444]

Music samples are a natural parallel.

You cannot sample music without permission no matter how short the sample may be.

Similarly you cannot steal a snippet of someone else's code without permission or the correct licensing.

[wilsonnb3]

Eh music sampling is a unique case because of the dual intellectual property concerns (the composition and the recording).

I can’t use a snippet from a recording no matter how short but I can use a tiny snippet of a composition. You can’t copyright a single note.

[BeFlatXIII]

> You cannot sample music without permission no matter how short the sample may be.

Which is a blatantly mistaken court ruling and one which I will not enforce if I am on a jury in such a trial.

[gspencley]

I'm using the word "product" to mean "something which was produced." I searched for a few definitions because I thought they might actually be different forms of the same word. Turns out I could be wrong about that, but that was my intent. Something that you produce is a "product" of your time, effort, labour etc. Doesn't matter if it's something that you are selling or not. Doesn't matter if it's a relatively small production. The point is you produced it. It is yours.

The question is whether the courts will find damages. Everything else has nothing to do with my comment. You might have your own ideas and opinions, which is fine. So do I. Both are irrelevant. The point is that there is a legal question here that the courts alone are equipped to answer.

[P5fRxh5kUvp2th]

a few snippets of a book also isn't a product, and yet it can absolutely be infringing.

[anon2020dot00]

If someone bought a copy of an educational book like "Learning Go" and used some code snippets from it in their own product, that's fair use. But if someone released the book as their own product titled "Learning Go Better" then that is a clear violation.

For open-source projects, CoPilot is in the realm of fair-use for snippets but it can be mis-used just like Github can be mis-used if someone blatantly copies a repository.