> No Discrimination Against Fields of Endeavor
> The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.
And here's the license term in question:
> Use in source or binary forms for the construction or operation of predictive software generation systems is prohibited.
6. No discrimination against fields of endeavor: The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.
I think this is a special case, illustrating that these new language models require us to reformulate our conception of what "open source" and "fair use" entails.
The laws and definitions need to adapt to a changing world.
No, Copilot is violating the existing open source licenses by not providing the attribution that they require. If Microsoft doesn't care about that, then they won't care about violating your license either.
But it doesn't mean you can share the source code however you want. Most FOSS licenses add restrictions on that, that's why there are so many of them. To be fair OP might need to reword a little to clarify that you can use the binary to accomplish training but doesn't allow you to create derived works of the source or binary by training on them.