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I think (1) you're mainly missing that copyleft vs non-copyleft is actually irrelevant for the copilot case. You also (2) may be missing the legal footing of copyleft licenses.

(1) The problem with copilot is that when it blurps out code X that is arguably not under fair use (given how large and non-transformed the code segment is), copilot users have no idea who owns copyright on X, and thus they are in a legal minefield because they have no idea what the terms of licensing X are.

Copilot creates legal risk regardless of whether the licensing terms of X are copyleft or not. Many permissive licenses (MIT, BSD, etc) still require attribution (identifying who owns copyright on X), and copilot screws you out doing that too.

(2) Whatever legal power copyleft licenses have, it is ultimately derived from copyright law, and people who take FOSS seriously know that. The point of "copyleft" licenses is to use the power of copyright law to implement "share and share alike" in an enforceable way. When your WiFi router includes info about the GPL code it uses, that's the legal of power of copyright at work. The point of copyleft licenses is not to create a free-for-all by "liberating" code.




Copying even a single code segment literally will have you lose a fair use trial. Look at Google taking 10k+ lines verbatim and winning the case.




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