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02:23 schestowitz[TR]; -------- Forwarded Message --------
02:23 schestowitz[TR]; Subject: Github Copilot lawsuit
02:23 schestowitz[TR]; Date: Fri, 2 Jun 2023 07:08:20 +0900 (JST)
02:23 schestowitz[TR]; From: Akira Urushibata <afu@wta.att.ne.jp>
02:23 schestowitz[TR]; To: libreplanet-discuss@libreplanet.org
02:23 schestowitz[TR]; References; <2023.02.16.06.17.13.131492001@afu.wta.att.ne.jp>,
02:23 schestowitz[TR]; <f3ba1cf3-c547-7fe4-5e4a-8585185d5873@disroot.org>,
02:23 schestowitz[TR]; <f68c3850-65be-487e-2ef6-56beeb65cdbf@shellblade.net>,
02:23 schestowitz[TR]; <2023.02.19.09.06.07.127534277@afu.wta.att.ne.jp>
02:23 schestowitz[TR]; In February I posted a message to this list concerning generative AI
02:23 schestowitz[TR]; systems known to be trained with commonly available free software
02:23 schestowitz[TR]; source providing computer code.
02:23 schestowitz[TR]; libreplanet-discuss (thread) Feb 2023
02:23 schestowitz[TR]; https://lists.gnu.org/archive/html/libreplanet-discuss/2023-02/threads.html
02:23 schestowitz[TR]; I was not aware that a few months before, in November 2022, a group of
02:23 schestowitz[TR]; programmers had filed a suit against Github, Microsoft and OpenAI,
02:23 schestowitz[TR]; claiming that Github was violating their stated terms of service and
02:23 schestowitz[TR]; the generative AI system was illegally removing copyright license
02:23 schestowitz[TR]; notices.
02:23 schestowitz[TR]; The defendants desired to have the case dismissed. They argued that
02:23 schestowitz[TR]; the source code remains available; their current practice does not
02:23 schestowitz[TR]; forfeit anything from the plaintiffs. The presiding judge has decided
02:23 schestowitz[TR]; that the plaintiffs have sufficient ground for the case to be accepted.
02:23 schestowitz[TR]; Key points brought forth by them will at least be heard.
02:23 schestowitz[TR]; The defendants are aware that their system produces output with
02:23 schestowitz[TR]; copyright license notices removed. Those who don't see the license
02:23 schestowitz[TR]; notice are not going to respect the terms. This will provide
02:23 schestowitz[TR]; opportunities to exploit free software in ways that the original
02:23 schestowitz[TR]; authors would have never anticipated.
02:23 schestowitz[TR]; This is a case free software authors and users should pay attention to.
02:23 schestowitz[TR]; I believe the FSF should make an official statement now or at some point
02:23 schestowitz[TR]; in the near future.
02:23 -TechBytesBot/#techbytes-lists.gnu.org | libreplanet-discuss (thread)
03:29 schestowitz[TR]; http://ipkitten.blogspot.com/2022/11/survey-have-you-been-able-to-access.html?showComment=1685633770529#c5665350780952111267 "The system is up and tested in a Gamma - Version by German users. It changes permanently and does not work with all browsers said to be working. i have been lucky to get a good help by d-trust, who helped me through the not self explainatory procedure to become an authenticated user and then to open CMS with
03:29 schestowitz[TR]; Edge. No other browser worked. Today it is only Chrome that works satisfactorily. And I still get errors when trying to lodge documents ( I am working with a Mandate). I think it would be nice to send UPC an invoice for the work we have to make it work. We need a stable system and not a developing program. I checked this with other German European Patent ATtorneys - they are all very disappointed."
03:29 -TechBytesBot/#techbytes-ipkitten.blogspot.com | [Survey] Have you been able to access the UPC's Case Management System via strong authentication? - The IPKat
03:30 schestowitz[TR]; http://ipkitten.blogspot.com/2023/05/us-supreme-court-decision-in-amgen-v.html?showComment=1685608171885#c154316961890392309
03:30 schestowitz[TR]; "We're now going through an era where patent offices and patent courts are no longer blinded by the science in biotech case, so we're going to get much more considered decisions such as this resetting the boundaries on what is patentable in key biotech fields. We've already seen how much more difficult it is to refer to homologues defined by percentage identity for DNA and protein cases, and now it's time for the antibody field to a
03:30 schestowitz[TR]; lso be brought into line in terms of what is fair in the field. Where different parties are targetting the same protein with antibodies it's only fair everyone only gets claims to their own antibodies and not go beyond that. That reflects the R&D reality, and this is a very good decision from the Supreme Court which will help the field immensely"
03:30 -TechBytesBot/#techbytes-ipkitten.blogspot.com | US Supreme Court decision in Amgen v Sanofi: The European Perspective - The IPKat
03:31 schestowitz[TR]; http://ipkitten.blogspot.com/2023/05/inauguration-of-unified-patent-court.html?showComment=1685542404866#c4436180352813160845
03:31 schestowitz[TR]; EPO has a good overview: https://documents.epo.org/projects/babylon/eponot.nsf/0/FCE7ECF7D75918FDC125836800583391/$File/the_jurisdiction_of_european_courts_in_patent_disputes_en.pdf
03:31 -TechBytesBot/#techbytes-ipkitten.blogspot.com | Inauguration of Unified Patent Court held today in Luxembourg - The IPKat
03:31 schestowitz[TR]; "Solely the national tribunals are competent to decide infringement." That's since Brussels/Lugano Convention/Brussels I regulation not the case anymore...."
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12:33 schestowitz[TR]; Re: OpenSource.com shut down
12:33 schestowitz[TR]; > Hi Dr Schestowitz,
12:33 schestowitz[TR]; > Thank you for your articles at TechRights.org.
12:33 schestowitz[TR]; You're welcome. We try to cover "difficult" topics others do not.
12:33 schestowitz[TR]; > To confirm what you already know about the suspension of OpenSource.com,
12:33 schestowitz[TR]; > for the past several years I've contributed a few articles to them each
12:33 schestowitz[TR]; > year.
12:33 schestowitz[TR]; > When I submitted my most recent article, I received a message saying in
12:33 schestowitz[TR]; > part --
12:33 schestowitz[TR]; > /"...The [Red Hat] Digital Communities sites are rich repositories read
12:33 schestowitz[TR]; > by hundreds of/
12:33 schestowitz[TR]; > /thousands of people, which is why we are keeping the sites (and content)/
12:33 schestowitz[TR]; > /online, but will not be publishing new articles on them. If you've
12:33 schestowitz[TR]; > drafted/
12:33 schestowitz[TR]; > /something for publication on one of our community sites, we encourage you/
12:33 schestowitz[TR]; > /to publish that content elsewhere."/
12:33 schestowitz[TR]; So it sounds like they at least plan to keep the current "catalogue" online, but how long for? With sites that lack activity the incentive is reduced as a function of time, due to various factors. Age deranks pages, sometimes delists them.
12:33 schestowitz[TR]; > I responded to them that OpenSource.com is a very valuable piece of
12:33 schestowitz[TR]; > internet real estate, but that this value would decline drastically if
12:33 schestowitz[TR]; > new articles did not occasionally appear.
12:33 schestowitz[TR]; Similar problem with OpenSource.org and Linux.com. They were taken over by (covertly) hostile voices. Linux.org is barely active, but not covertly hostile.
12:33 schestowitz[TR]; > Not surprisingly, I received no reply to this "sage advice."
12:33 schestowitz[TR]; > If you know any widely read tech websites that would appreciate the
12:33 schestowitz[TR]; > occasional linux techie article, please let me know.
12:33 schestowitz[TR]; TechRights and TuxMachines probably have lower reach than OpenSource.com, but they're still big and eager to publish for you.
12:33 schestowitz[TR]; > Cheers and thank you,
12:33 schestowitz[TR]; You too.
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