On Fri, 2023-04-21 at 08:22 +0100, Dima Pasechnik wrote:
> > 
> > 
> > Sadly it's not. The American legal system isn't built for this. The
> > fact that they're clearly doing something illegal and that it's hurting
> > people isn't grounds for a third-party lawsuit. The victims can file
> > suits, but like Microsoft's lawyers said, the victims have to be able
> > to demonstrate injury.
> 
> Copilot makes money which does not go to the producers of the content it
> sells. How is it not injury?
> Copyright is copyright, it is violated here.
> 

There's injury, but only the people who are actually injured can file
suit.

Suppose copilot is willing to reproduce the source code of block_ldlt()
but without the GPL. What's the dollar amount that I'm harmed by that?
I can sue for damages, or I can sue for the portion of the profits
attributable to the infringement. Microsoft's lawyers are going to
claim that both numbers are zero. How much will it cost me in legal
fees to fight that, and for what potential benefit?

It's a losing proposition for me, and by extension, for almost everyone
writing free software.

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