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> A $0 settlement means there is no binding precedent and signals to me that Oracle's attorneys felt they didn't have a strong argument and a potential for more.

That's not the case. It wasn't an out-of-court-settlement, but an agreement about the damages being sought, the court had already found it to be infringing, and that was part of the ruling.

But none of that changes that 9-lines is substantial enough to be infringing. It isn't necessary to be a large body of work.

> If they felt the nine line function made Google's entire library an unlicensed derivative work, they would have pressed their case.

No... It means the rangeCheck function was infringing. The implication you seem to have inferred here wouldn't be inferred by any kind of plagiarism case.



I think we agree then, and appreciate the correction on the lower court settlement.

If Copilot is infringing, I suspect it's correctable (by GitHub) by adding a bloom filter or something like it to filter out verbatim snippets of GPL or other copyleft code. (And this actually sounds like something corporate users would want even if it was entirely fair use because of their intense aversion to the GPL, anyhow.)


It may be correctable... It doesn't change that Copilot is probably infringing today, which may mean that damages against GitHub may be sought.




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