Open Source Piracy Allegations Against GitHub Copilot Controversy and OpenAI Spark

Ownership of AI-Generated Code is Hotly Disputed

GitHub Copilot describes itself as a \”AI pair programer\” for software developers. It suggests code automatically in real-time. According to GitHub Copilot \”is powered by Codex, a generative pretrained AI model created and maintained by OpenAI\”, and has been built on \”natural-language text and code from publicly accessible sources, including public repositories of code on GitHub.\”

A class-action suit filed against GitHub Copilot and its parent company Microsoft and OpenAI alleges open-source software piracy as well as violations of open source licenses. The lawsuit claims that the code generated by Copilot is missing copyright notices and license copies, as well as attributions to the original code author.

Sal Kimmich is an open-source developer advocate, machine-learning engineering, open-source contributor, and maintainer. \”We’ve developed processes to ensure open source is secure. This requires traceability and observability. Copilot hides the origin of these [code] fragments.