There is a “right” way to make something like GitHub CoPilot, but Microsoft did not choose that way. They chose one of the most exploitative options available to them. For that reason, I hope they face significant consequences, though I doubt they will in the current climate. I also hope that CoPilot is shut down, though I’m pretty certain it will not be.

Other than access to the data behind it, Microsoft has nothing special that allows it to create something like CoPilot. The technology behind it has been around for at least a decade. There could be a “public” version of this same tool made by a cooperating group of people volunteering, “leasing”, or selling their source code into it. There could likewise be an ethically-created corporate version. Such a thing would give individual developers or organizations the choice to include their code in the tool, possibly for a fee if that’s something they want or require. The creators of the tool would have to acknowledge that they have suppliers–the people who create the code that makes their tool possible–instead of simply stealing what they need and pretending that’s fine.

This era we’re living through, with large companies stomping over all laws and regulations, blatantly stealing other people’s work for their own profit, cannot come to an end soon enough. It is destroying innovation, and we all suffer for that. Having one nifty tool like CoPilot that gives a bit of convenience is nowhere near worth the tremendous loss that Microsoft’s actions in this instace are creating for everyone.