Come to think of it. That DMCA argument would really wreck fair use.
It’s illegal to remove “copyright management information” (CMI). In this case meaning the FOSS license. The argument was, that when copilot spits out verbatim snippets of source code without the license, this constitutes removal of the CMI. The point of the argument was that fair use is not a defense under the DMCA. These verbatim snippets are pretty obvious fair use to me, so countering that defense is important if they hope to get anywhere with their suit.
By the same argument, any meme image is illegal. They are taken from somewhere without the original license or attribution. Yikes.
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