Coders' Copilot code-copying copyright claims crumble against GitHub, Microsoft
A judge dismissed a DMCA claim against GitHub, Microsoft, and OpenAI over Copilot. Remaining are claims of license violation and breach of contract. Dispute ongoing regarding discovery process. Defendants defend Copilot's compliance with laws.
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A judge has dismissed a Digital Millennium Copyright Act (DMCA) claim in a lawsuit against GitHub, Microsoft, and OpenAI regarding their Copilot coding assistant. The lawsuit, filed by developers in November 2022, alleged that Copilot was suggesting code snippets from open-source projects without proper credit, violating intellectual property rights. The judge ruled that the code suggested by Copilot was not identical enough to the developers' work for the DMCA claim to apply. The case started with 22 claims, but most have been dismissed, leaving only two standing: an open-source license violation allegation and a breach of contract complaint. Both sides have been squabbling over the discovery process, with accusations of delays and incomplete document submissions. The defendants argue that the dismissal of the DMCA claim should narrow the scope of discovery, while the plaintiffs seek more time for discovery. GitHub, Microsoft, and OpenAI maintain that Copilot adheres to laws and promotes responsible innovation in AI-powered software development.
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