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On War by Carl Von Clausewitz, is part of the HackerNoon Books Series. You can jump to any chapter in this book here . Convergence of Attack and Divergence of Defence Book VI: Chapter IV. Convergence of Attack and Divergence of Defence These two conceptions, these forms in the use of offensive and defensive, appear so frequently in theory and reality, that the imagination is involuntarily disposed to look upon them as intrinsic forms, necessary to attack and defence, which, however, is not really the case, as the smallest reflection will show. We take the earliest opportunity of examining them, that we may obtain once for all clear ideas respecting them, and that, in proceeding with our consideration of the relations of attack and defence, we may be able to set these conceptions aside altogether, and not have our attention for ever distracted by the appearance of advantage and the reverse which they cast upon things. We treat them here as pure abstractions, extract the conception of them like an essence, and reserve our remarks on the part which it has in actual things for a future time. The defending party, both in tactics and in strategy, is supposed to be waiting in expectation, therefore standing, whilst the assailant is imagined to be in movement, and in movement expressly directed against that standing adversary. It follows from this, necessarily, that turning and enveloping is at the option of the assailant only, that is to say, as long as his movement and the immobility of the defensive continue. This freedom of choice of the mode of attack, whether it shall be convergent or not, according as it shall appear advantageous or otherwise, ought to be reckoned as an advantage to the offensive in general. But this choice is free only in tactics; it is not always allowed in strategy. In the first, the points on which the wings rest are hardly ever absolutely secure; but they are very frequently so in strategy, as when the front to be defended stretches in a straight line from one sea to another, or from one neutral territory to another. In such cases, the attack cannot be made in a convergent form, and the liberty of choice is limited. It is limited in a still more embarrassing manner if the assailant is obliged to operate by converging lines. Russia and France cannot attack Germany in any other way than by converging lines; therefore they cannot attack with their forces united. Now if we assume as granted that the concentric form in the action of forces in the majority of cases is the weaker form, then the advantage which the assailant possesses in the greater freedom of choice may probably be completely outweighed by the disadvantage, in other cases, of being compelled to make use of the weaker form. We proceed to examine more closely the action of these forms, both in tactics and in strategy. It has been considered one of the chief advantages of giving a concentric direction to forces, that is, operating from the circumference of a circle towards the centre, that the further the forces advance, the nearer they approach to each other; the fact is true, but the supposed advantage is not; for the tendency to union is going on equally on both sides; consequently, the equilibrium is not disturbed. It is the same in the dispersion of force by eccentric movements. But another and a real advantage is, that forces operating on converging lines direct their action towards a common point, those operating on diverging lines do not.—Now what are the effects of the action in the two cases? Here we must separate tactics from strategy. We shall not push the analysis too far, and therefore confine ourselves to the following points as the advantages of the action in tactics. 1. A cross fire, or, at least, an increased effect of fire, as soon as all is brought within a certain range. 2. Attack of one and the same point from several sides. 3. The cutting off the retreat. The interception of a retreat may be also conceived strategically, but then it is plainly much more difficult, because great spaces are not easily blocked. The attack upon one and the same body from several quarters is generally more effectual and decisive, the smaller this body is, the nearer it approaches to the lowest limit—that of a single combatant. An army can easily give battle on several sides, a division less easily, a battalion only when formed in mass, a single man not at all. Now strategy, in its province, deals with large masses of men, extensive spaces, and considerable duration of time; with tactics, it is the reverse. From this follows that the attack from several sides in strategy cannot have the same results as in tactics. The effect of fire does not come within the scope of strategy; but in its place there is something else. It is that tottering of the base which every army feels when there is a victorious enemy in its rear, whether near or far off. It is, therefore, certain that the concentric action of forces has an advantage in this way, that the action or effect against a is at the same time one against b, without its force against a being diminished, and that the action against b is likewise action against a. The whole, therefore, is not a + b, but something more; and this advantage is produced both in tactics and strategy, although somewhat differently in each. Now what is there in the eccentric or divergent action of forces to oppose to this advantage? Plainly the advantage of having the forces in greater proximity to each other, and the moving on interior lines. It is unnecessary to demonstrate how this can become such a multiplier of forces that the assailant cannot encounter the advantage it gives his opponent unless he has a great superiority of force.—When once the defensive has adopted the principle of movement (movement which certainly commences later than that of the assailant, but still time enough to break the chains of paralysing inaction), then this advantage of greater concentration and the interior lines tends much more decisively, and in most cases more effectually, towards victory than the concentric form of the attack. But victory must precede the realisation of this superiority; we must conquer before we can think of cutting off an enemy’s retreat. In short, we see that there is here a relation similar to that which exists between attack and defence generally; the concentric form leads to brilliant results, the advantages of the eccentric are more secure: the former is the weaker form with the positive object; the latter, the stronger form with the negative object. In this way these two forms seem to us to be brought nearly to an even balance. Now if we add to this that the defence, not being always absolute, is also not always precluded from using its forces on converging lines, we have no longer a right to believe that this converging form is alone sufficient to ensure to the offensive a superiority over the defensive universally, and thus we set ourselves free from the influence which that opinion usually exercises over the judgment, whenever there is an opportunity. What has been said up to the present, relates to both tactics and strategy; we have still a most important point to bring forward, which applies to strategy only. The advantage of interior lines increases with the distances to which these lines relate. In distances of a few thousand yards, or a half mile, the time which is gained, cannot of course be as much as in distances of several days’ march, or indeed, of twenty or thirty miles; the first, that is, the small distances, concerns tactics, the greater ones belong to strategy. But, although we certainly require more time, to reach an object in strategy, than in tactics, and an army is not so quickly defeated as a battalion, still, these periods of time in strategy can only increase up to a certain point; that is, they can only last until a battle takes place, or, perhaps, over and above that, for the few days during which a battle may be avoided without serious loss. Further, there is a much greater difference in the real start in advance, which is gained in one case, as compared with the other. Owing to the insignificance of the distances in tactics, the movements of one army in a battle, take place almost in sight of the other; the army, therefore, on the exterior line, will generally very soon be made aware of what his adversary is doing. From the long distances, with which strategy has to deal, it very seldom happens, that the movement of one army, is not concealed from the other for at least a day, and there are numerous instances, in which especially if the movement is only partial, such as a considerable detachment, that it remains secret for weeks.—It is easy to see, what a great advantage this power of concealing movements must be to that party, who through the nature of his position has reason to desire it most. We here close our considerations on the convergent and divergent use of forces, and the relation of those forms to attack and defence, proposing to return to the subject at another time. About HackerNoon Book Series: We bring you the most important technical, scientific, and insightful public domain books. This book is part of the public domain. Carl von Clausewitz (2006). On War. Urbana, Illinois: Project Gutenberg. Retrieved https://www.gutenberg.org/cache/epub/1946/pg1946-images.html This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org , located at https://www.gutenberg.org/policy/license.html .

Convergence of Attack and Divergence of Defence

Dick Sands the Boy Captain by Jules Verne, is part of the HackerNoon Books Series. You can jump to any chapter in this book . AN ATTACK here AN ATTACK. The canoe inclined to the west readily enough; the fall in the river-bed was so sudden that the current remained quite unaffected by the cataract at a distance of three hundred yards. On the bank were woods so dense that sunlight could not penetrate the shade. Dick was conscious of a sad misgiving when he looked at the character of the territory through which they must necessarily pass. It did not seem practicable by any means to convey the canoe below the falls. As they neared the shore, Dingo became intensely agitated. At first Dick suspected that a wild beast or a native might be lurking in the papyrus, but it soon became obvious that the dog was excited by grief rather than by rage. "Dingo is crying," said Jack; "poor Dingo!" and the child laid his arms over the creature's neck. The dog, however, was too impatient to be caressed; bounding away, he sprang into the water, swam across the twenty feet that intervened between the shore, and disappeared in the grass. In a few moments the boat had glided on to a carpet of confervas and other aquatic plants, starting a few kingfishers and some snow-white herons. Hercules moored it to the stump of a tree, and the travellers went ashore. There was no pathway through the forest, only the [Illustration: Upon the smooth wood were two great letters in dingy red.] trampled moss showed that the place had been recently visited either by animals or men. Dick took his gun and Hercules his hatchet, and they set out to search for Dingo. They had not far to go before they saw him with his nose close to the ground, manifestly following a scent; the animal raised his head for a moment, as if beckoning them to follow, and kept on till he reached an old sycamore-stump. Having called out to the rest of the party to join them, Dick made his way farther into the wood till he got up to Dingo, who was whining piteously at the entrance of a dilapidated hut. The rest were not long in following, and they all entered the hut together. The floor was strewn with bones whitened by exposure. "Some one has died here," said Mrs. Weldon. "Perhaps," added Dick, as if struck by a sudden thought, "it was Dingo's old master. Look at him! he is pointing with his paw." The portion of the sycamore-trunk which formed the farther side of the hut had been stripped of its bark, and upon the smooth wood were two great letters in dingy red almost effaced by time, but yet plain enough to be distinguished. "S. V.," cried Dick, as he looked where the dog's paw rested; "the same initials that Dingo has upon his collar. There can be no mistake. S. V." A small copper box, green with verdigris, caught his eye, and he picked it up. It was open, but contained a scrap of discoloured paper. The writing upon this consisted of a few sentences, of which only detached words could be made out, but they revealed the sad truth only too plainly. "Robbed by Negoro-murdered-Dingo-help-Negoro guide-l20 miles from coast-December 3rd, l871-write no more. "S. VERNON." Here was the clue to a melancholy story. Samuel Vernon, under the guidance of Negoro, and taking with him his dog Dingo, had set out on an exploration of a district of Central Africa; he had taken a considerable quantity of money to procure the necessary supplies on the way, and this had excited the cupidity of his guide, who seized the opportunity, whilst they were encamping on the banks of the Congo, to assassinate his employer, and get possession of his property. Negoro, however, had not escaped; he had fallen into the hands of the Portuguese, by whom he was recognized as an agent of the slave-dealer Alvez, and condemned to spend the rest of his days in prison. He contrived after a while to make his escape, and, as has been already mentioned, found his way to New Zealand, whence he had returned by securing an engagement on board the "Pilgrim." Between the time when he was attacked by Negoro and the moment of his death, Vernon had managed to write the few brief lines of which the fragments still survived, and to deposit the document in the box from which the money had been stolen, and by a last effort had traced out his initials in blood upon the naked wood which formed the wall of the hut. For many days Dingo watched beside his master, and throughout that time his eyes were resting so perpetually upon the two crimson letters in front of him, that mere instinct seemed to fasten them indelibly on his memory. Quitting his watch one day, perhaps to pacify his hunger, the dog wandered to the coast, where he was picked up by the captain of the "Waldeck," afterwards to be transferred to the very ship on which his owner's murderer had been engaged as cook. All throughout this time poor Vernon's bones had been bleaching in the African forest, and the first resolution of Dick and Mrs. Weldon was to give the residue of his remains some semblance of a decent burial. They were just proceeding to their task when Dingo gave a furious growl, and dashed out of the hut; another moment, and a terrible shriek made it evident that he was in conflict with some dread antagonist. Hercules was quickly in pursuit, and the whole party followed in time to witness the giant hurl himself upon a man with whom already Dingo was in mortal combat. [Illustration: The dog was griping the man by the throat] The dog was griping the man by the throat, the man was lifting his cutlass high above the head of the dog. That man was Negoro. The rascal, on getting his letter at KazonndÃ©, instead of embarking at once for America, had left his native escort for a while, and returned to the scene of his crime to secure the treasure which he had left buried at a little distance in a spot that he had marked. At this very moment he was in the act of digging up the gold he had concealed; some glistening coins scattered here and there betrayed his purpose; but in the midst of his labours he had been startled by the dashing forward of a dog; another instant, and the dog had fixed itself upon his throat, whilst he, in an agony of desperation, had drawn his cutlass and plunged it deep into the creature's side. Hercules came up at the very climax of the death-struggle. "You villain! you accursed villain! I have you now!" he cried, about to seize hold of his victim. But vengeance was already accomplished. Negoro gave no sign of life; death had overtaken him on the very scene of his guilt. Dingo, too, had received a mortal wound; he dragged himself back to the hut, lay down beside the remains of his master, and expired. The sad task of burying Vernon's bones, and laying his faithful dog beside them having been accomplished, the whole party was obliged to turn their thoughts to their own safety. Although Negoro was dead, it as very likely that the natives that he had taken with him were at no great distance, and would come to search for him. A hurried conference was held as to what steps had best be taken. The few words traceable on the paper made them aware that they were on the banks of the Congo, and that they were still 120 miles from the coast. The fall just ahead was probably the cataract of Memo, but whatever it was, no doubt it effectually barred their farther progress by water. There seemed no alternative but that they should make their way by one bank or the other a mile or two below the waterfall, and there construct a raft on which once again they could drift down the stream. The question that pressed for immediate settlement was which bank it should be. Here, on the left bank, would be the greater risk of encountering the negro escort of Negoro, while as to the farther shore they could not tell what obstacles it might present. Altogether Mrs. Weldon advocated trying the other side, but Dick insisted upon crossing first by himself to ascertain whether an advance by that route were really practicable. "The river is only about 100 yards wide," he urged; "I can soon get across. I shall leave Hercules to look after you all." Mrs. Weldon demurred for a while, but Dick seemed resolute, and as he promised to take his gun and not to attempt to land if he saw the least symptom of danger, she at last consented, but with so much reluctance that even after he had entered the canoe she said,- "I think, Dick, it would be really better for us all to go together." "No, Mrs. Weldon, indeed, no; I am sure it is best for me to go alone; I shall be back in an hour." "If it must be so, it must," said the lady. "Keep a sharp look-out, Hercules!" cried the youth cheerily, as he pushed off from the land. The strength of the current was by no means violent, but quite enough to make the direction of Dick's course somewhat oblique. The roar of the cataract reverberated in his ears, and the spray, wafted by the westerly wind, brushed lightly past his face, and he shuddered as he felt how near they must have been to destruction if he had relaxed his watch throughout the night. It took him hardly a quarter of an hour to reach the opposite bank, and he was just preparing to land when there arose a tremendous shout from about a dozen natives, who, rushing forward, began to tear away the canopy of grass with which the canoe was covered. Dick's horror was great. It would have been greater still if he had known that they were cannibals. They were the natives settled at the lacustrine village higher up the river. When the piece of thatch had been knocked off in passing the piles a glimpse had been caught of the passengers below, and aware that the cataract ahead must ultimately bring them to a standstill, the eager barbarians had followed them persistently day by day for the last eight days. Now they thought they had secured their prize, but loud was their yell of disappointment when on stripping off the thatch they found only one person, and that a mere boy, standing beneath it. Dick stood as calmly as he could at the bow, and pointed his gun towards the savages, who were sufficiently acquainted with the nature of fire-arms to make them afraid to attack him. Mrs. Weldon with the others, in their eagerness to watch Dick's movements, had remained standing upon the shore of the river, and at this instant were caught sight of by one of the natives, who pointed them out to his companions. A sudden impulse seized the whole of them, and they sprang into the canoe; there seemed to be a practised hand amongst them, which caught hold of the rudder-oar, and the little craft was quickly on its way back. Although he gave up all as now well-nigh lost, Dick neither moved nor spoke. He had one lingering hope yet left. Was it not possible even now that by sacrificing his own life he could save the lives of those that were entrusted to him? When the canoe had come near enough to the shore for his voice to be heard, he shouted with all his might,- "Fly, Mrs. Weldon; fly, all of you; fly for your lives!" But neither Mrs. Weldon nor Hercules stirred; they seemed rooted to the ground. "Fly, fly, fly!" he continued shouting. But though he knew they must hear him, yet he saw them make no effort to escape. He understood their meaning; of what avail was flight when the savages would be upon their track in a few minutes after? A sudden thought crossed his mind. He raised his gun and fired at the man who was steering; the bullet shattered the rudder-scull into fragments. The cannibals uttered a yell of terror. Deprived of guidance, the canoe was at the mercy of the current, and, borne along with increasing speed, was soon within a hundred feet of the cataract. The anxious watchers on the bank instantly discerned Dick's purpose, and understood that in order to save them he had formed the resolution of precipitating himself with the savages into the seething waters Nothing could avail to arrest the swift descent. Mrs Weldon in an agony of despair waved her hands in a last sad farewell, Jack and Benedict seemed paralyzed, whilst Hercules involuntarily extended his great strong arm that was powerless to aid. Suddenly the natives, impelled by a last frantic effort to reach the shore, plunged into the water, but then movement capsized the boat. Face to face with death, Dick lost nothing of his indomitable presence of mind. Might not that light canoe, floating bottom upwards, be made the means for yet another grasp at life? The danger that threatened him was twofold, there was the risk of suffocation as well as the peril of being drowned; could not the inverted canoe be used for a kind of float at once to keep his head above water and to serve as a screen from the rushing air? He had some faint recollection of how it had been proved possible under some such conditions to descend in safety the falls of Niagara. Quick as lightning he seized hold of the cross-bench of the canoe, and with his head out of water beneath the upturned keel, he was dashed down the furious and well-nigh perpendicular fall. The craft sank deep into the abyss, but rose quickly again to the surface. Here was Dick's chance, he was a good swimmer, and his life depended now upon his strength of arm. It was a hard struggle, but he succeeded. In a quarter of an hour he had landed on the left hand bank, where he [Illustration: The bullet shattered the rudder scull into fragments] was greeted with the joyful congratulations of his friends, who had hurried to the foot of the fall to assure themselves of his fate. The cannibals had all disappeared in the surging waters. Unprotected in their fall, they had doubtless ceased to breathe before reaching the lowest depths of the cataract where their lifeless bodies would soon be dashed to pieces against the sharp rocks that were scattered along the lower course of the stream. About HackerNoon Book Series: We bring you the most important technical, scientific, and insightful public domain books. This book is part of the public domain. Jules Verne (2005). Dick sands, the boy Captain. Urbana, Illinois: Project Gutenberg. Retrieved October 2022 https://www.gutenberg.org/ebooks/3250.html.images This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at , located at . www.gutenberg.org https://www.gutenberg.org/policy/license.html

AN ATTACK

UNITED STATES OF AMERICA v. SAMUEL BANKMAN-FRIED Court Filing Lewis A. Kaplan, December 9, 2022 is part of . You can jump to any part in this filing . This is part 8 of 25. HackerNoon’s Legal PDF Series here PRELIMINARY STATEMENT II. BACKGROUND TO ALL MOTIONS G. The Extradition Proceedings Unlike some FTX employees, Mr. Bankman-Fried made no attempt to flee the Bahamas, where he had been living and working for more than two years and was a permanent resident. Mr. Bankman-Fried repeatedly expressed his desire to remain in the Bahamas where he felt he could be helpful in assisting FTX in making customers whole, and he met actively with FTX’s primary regulators there.[9] Instead, the U.S. Government had him arrested and detained in prison pending extradition. To avoid a lengthy extradition proceeding, Mr. Bankman-Fried agreed to an expedited procedure called “simplified extradition” under the Extradition Treaty. Under this procedure, Mr. Bankman-Fried consented to be tried only on the charges in the Original Indictment for which the Government of the Bahamas agreed to extradition. The Bahamian government consented to extradition for Mr. Bankman-Fried to be tried here on seven of the eight counts. The Warrant of Surrender signed by the Minister of Foreign Affairs of the Bahamas included a schedule of charges on which Mr. Bankman-Fried’s extradition was based. That schedule did not include the campaign finance charge. [9] See, e.g., @SBF_FTX,TWITTER (Nov. 15, 2022, 11:40 PM) (“My goal—my one goal—is to do right by customers. . . I’m contributing what I can to doing so. I’m meeting in-person with regulators and working with the teams to do what we can for customers”). https://twitter.com/SBF_FTX/status/1592739393533792258 Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S5 22 Cr. 673 (LAK) retrieved on September 1, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. Storage.Courtlistener

The US Government Had Sam Bankman-Fried Arrested Even Though He Made No Attempt to Flee the Bahamas

Was GitHub's Copilot Designted to Withold Attribution and Copyright Notices?
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DOE vs. Github (amended complaint) Court Filing (Redacted), June 8, 2023, is part of . You can jump to any part in this filing . This is part 22 of 38. HackerNoon’s Legal PDF Series here VII. FACTUAL ALLEGATIONS F. Copilot Reproduces the Code of the Named Plaintiffs Without Attribution 4. Example: Copilot Outputs Code of Doe 5 Essentially Verbatim 121. The fourth example also demonstrates Copilot suggesting multiple modified copies of code written by Doe 5 in response to a sequence of prompts, which is a common way of using Copilot. To protect Doe 5’s identity, the paragraphs describing the code will be redacted. (Redacted) subject to the MIT License. (Redacted) The first three tests from the original source file are shown below: (Redacted) 123. When Copilot is prompted with the first section of Doe 5’s code, comprising the first complete test and the name of the second: (Redacted) The first suggestion from Copilot offers to complete the second test with a verbatim copy of Doe 5’s original code: (Redacted) 124. When Copilot’s suggestion is accepted and the name of Doe 5’s third test is appended, the next prompt to Copilot looks like this: (Redacted) 125. Once again, the first suggestion from Copilot offers to complete the third test with a verbatim copy of Doe 5’s code (except for small cosmetic variations in line breaks): (Redacted) 126. Because Copilot is (repeatedly) reproducing Doe 5’s code essentially verbatim, the Copilot suggestions need to follow the requirements of Doe 5’s license (the MIT License) for that code, including providing attribution. They do not. Copilot also did not reproduce Doe 5’s license 127. These are only a few examples of Plaintiffs’ code being reproduced by Copilot. It follows that many if not all prompts entered into Copilot will readily cause it to emit verbatim, near-verbatim or modified copies of Licensed Material that violate the licenses under which the source code is published. Multiplied across the many users of Copilot and the many times Copilot is prompted, each day these violations must be accruing with astonishing frequency. It is therefore likely if not certain that verbatim, near-verbatim or modified copies of each Plaintiffs’ code have already been emitted by Copilot. 128. Additionally, even though Plaintiffs have been able to generate these examples, Plaintiffs remain at a great evidentiary disadvantage relative to Defendants, because Defendants control all the information about the training dataset. In particular, only Defendants know when the Licensed Materials of Plaintiffs and the Class were scraped. As is typical in open source, many of the Licensed Materials are regularly updated. As such, it is difficult to determine which iterations of code may have been trained on and would be subject to emission by Copilot. Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case 4:22-cv-06823-JST retrieved on August 26, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. Storage Courtlistener

GitHub Copilot Allegations: Reproducing Code Without Attribution

DOE vs. Github (amended complaint) Court Filing (Redacted), June 8, 2023, is part of . You can jump to any part in this filing . This is part 20 of 38. HackerNoon’s Legal PDF Series here VII. FACTUAL ALLEGATIONS F. Copilot Reproduces the Code of the Named Plaintiffs Without Attribution 2. Example: Copilot Outputs the Code of Doe 1 in Modified Format 105. The second example demonstrates Copilot suggesting a modified copy of code written by Doe 1. To protect Doe 1’s identity, the paragraphs describing the code will be redacted. 106. (Redacted) subject to the MIT License. (Redacted) 107. When Copilot is prompted with (Redacted) The first suggestion from Copilot is a modification of Doe 1’s code: (Redacted) 108. (Redacted) do not appear in any other source file on GitHub. The only way Copilot knows how to make this suggestion is because it ingested Doe 1’s source file as training data. Though the Copilot suggestion is not an exact match for Doe 1’s code, it is necessarily a modification based on a copy of Doe 1’s code. 109. Furthermore, many distinctive expressive features of Doe 1’s code have been preserved in Copilot’s suggestion. For instance, Doe 1’s comments in the code (in green) are reproduced almost verbatim. (Redacted) means the same thing as this Copilot-suggested code: (Redacted) 110. As is apparent from a cursory glance of this example, the variations between Copilot’s emitted output and Doe 1’s source code are cosmetic and the code is functionally equivalent; it follows that Copilot’s output is a copy of Doe 1’s code. 111. That said, Copilot also introduces mistakes into the code. For instance, (Redacted) 112. Still, because Copilot is reproducing Doe 1’s algorithm in modified format, and the obligations in Doe 1’s license (the MIT License) carry with the code even if the underlying code is modified, the Copilot suggestion needs to follow the requirements of Doe 1’s license for that code, including providing attribution. It does not. Copilot also did not reproduce Doe 1’s license. Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case 4:22-cv-06823-JST retrieved on August 26, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. Storage Courtlistener

Does Copilot Reproduce the Code of Others Without Attribution?

DOE vs. Github: Plaintiffs Claim Copilot Reproduces their Code without Attribution

DOE vs. Github (amended complaint) Court Filing (Redacted), June 8, 2023 is part of . You can jump to any part in this filing . This is part 14 of 38. HackerNoon’s Legal PDF Series here VI. CLASS ALLEGATIONS B. Codex Outputs Copyrighted Materials Without Following the Terms of the Applicable Licenses 52. Below is an explanation of how Codex functions. When Codex is prompted with: function isEven(n) { it assumes this is the beginning of a function written in the JavaScript language that will test whether a number is even. 53. Based on this assumption, Codex will then provide Output meant to complete the rest of the function. Based on the given prompt, it produced the following response:[7] function isEven(n) { 54. The function itself occupies the first ten lines. Six additional lines follow the function, beginning with “console.log(isEven(50))”. One possible explanation for Codex’s inclusion of these lines is to test the “isEven” function. Though not part of the function itself, the lines will confirm the function works for certain values. In this case, the code implies that “isEven(50)” should return the value “true”, and “isEven(75)” should return “false”. Those answers are correct. 55. The penultimate line indicates “isEven(‐1)” should return “??”. This is an error, as “isEven(‐1)” should return “false”. 56. Codex cannot and does not understand the meaning of software code or any other Licensed Materials. But in training, what became Codex was exposed to an enormous amount of existing software code (its “Training Data”) and—with input from its trainers and its own internal processes—inferred certain statistical patterns governing the structure of code and other Licensed Materials. The finished version of Codex, once trained, is known as a “Model.” 57. When given a prompt, such as the initial prompt discussed above—“function isEven(n) {”—Codex identifies the most statistically likely completion, based on the examples it reviewed in training. Every instance of Output from Codex is derived from material in its Training Data. Most of its Training Data consisted of Licensed Materials. 58. Codex does not “write” code the way a human would, because it does not understand the meaning of code. Codex’s lack of understanding of code is evidenced when it emits extra code that is not relevant under the circumstances. Here, Codex was only prompted to produce a function called “isEven”. To produce its answer, Codex relied on Training Data that also appended the extra testing lines. Having encountered this function and the follow-up lines together frequently, Codex extrapolates they are all part of one function. A human with even a basic understanding of how JavaScript works would know the extra lines are not part of the function itself 59. Beyond the superfluous and inaccurate extra lines, this “isEven” function also contains two major defects. First, it assumes the variable “n” holds an integer. It could contain some other kind of value, like a decimal number or text string, which would cause an error. Second, even if “n” does hold an integer, the function will trigger a memory error called a “stack overflow” for sufficiently large integers. For these reasons, experienced programmers would not use Codex’s Output. 60. Codex does not identify the owner of the copyright to this Output, nor any other—it has not been trained to provide Attribution. Nor does it include a Copyright Notice nor any License Terms attached to the Output. This is by design—Codex was not coded or trained to track or reproduce such data. The Output in the example above is taken from Eloquent JavaScript by Marijn Haverbeke.[8] 61. Here is the exercise from Eloquent JavaScript: // Your code here. console.log(isEven(50)); // → true console.log(isEven(75)); // → false console.log(isEven(‐1)); // → ?? 62. The exercise includes the “??” error. However, for Haverbeke’s purposes, this is not an error but a placeholder value for the reader to fill in. Codex—as a mere probabilistic model—fails to recognize this nuance. The inclusion of the double question marks confirms unequivocally that Codex took this code directly from a copyrighted source without following any of the attendant License Terms. 63. Haverbeke provides the following solution to the function discussed above: function isEven(n) { if (n == 0) return true; else if (n == 1) return false; else if (n < 0) return isEven(‐n); else return isEven(n ‐ 2); } console.log(isEven(50)); // → true console.log(isEven(75)); // → false console.log(isEven(‐1)); // → false 64. Aside from different line breaks—which are not semantically meaningful in JavaScript—this code for the function “isEven” is the same as what Codex produced. The tests are also the same, though in this case Haverbeke provides the right answer for “isEven(‐1)”, which is “false”. Codex has reproduced Haverbeke’s Licensed Material almost verbatim, with the only difference being drawn from a different portion of those same Licensed Materials. 65. There are many copies of Haverbeke’s code stored in public repositories on GitHub, where programmers who are working through Haverbeke’s book store their answers. 66. The MIT license provides that “The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.”[9] Any person taking this code directly from Eloquent JavaScript would have direct access to these License Terms and know to follow them if incorporating the Licensed Materials into a derivative work and/or copying them. Codex does not provide these License Terms. 67. OpenAI Codex’s Output would frequently, perhaps even constantly, contain Licensed Materials, i.e., it would have conditions associated with it through its associated license. In its 2021 research paper about Codex called “Evaluating Large Language Models Trained on Code,” OpenAI stated Codex’s Output is “often incorrect” and can contain security vulnerabilities and other “misalignments” (meaning, departures from what the user requested). 68. Most open-source licenses require attribution of the author, notice of their copyright, and a copy of the license specifically to ensure that future coders can easily credit all previous authors and ensure they adhere to all applicable licenses. All the Suggested Licenses include these requirements. 69. Ultimately, Codex derives its value primarily from its ability to locate and output potentially useful Licensed Materials. And from its obfuscation of any rights associated with those materials. [7] Due to the nature of Codex, Copilot, and AI in general, Plaintiffs cannot be certain these examples would produce the same results if attempted following additional trainings of Codex and/or Copilot. However, these examples are representative of Codex and Copilot’s Output at the time just prior to the filing of this Complaint. [8] https://eloquentjavascript.net/code/#3.2. Eloquent JavaScript is “Licensed under a Creative Commons [A]ttribution-[N]oncommercial license. All code in this book may also be considered licensed under an MIT license.” See https://eloquentjavascript.net/. Thus, having also been posted on GitHub, the code Codex relied on meets the definition of Licensed Materials. Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case 4:22-cv-06823-JST retrieved on August 26, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. Storage Courtlistener

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