July 10th, 2024

The developers suing over GitHub Copilot got dealt a major blow in court

A California judge dismissed most claims in a lawsuit against GitHub, Microsoft, and OpenAI over code copying by GitHub Copilot. Only two claims remain: open-source license violation and breach of contract. The court ruled Copilot didn't violate copyright law.

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The developers suing over GitHub Copilot got dealt a major blow in court

A California judge has dismissed nearly all claims in a lawsuit against GitHub, Microsoft, and OpenAI, accusing them of copying code through the AI-powered GitHub Copilot coding assistant. The lawsuit originally made 22 claims, but only two remain: an open-source license violation and breach of contract. The court ruled that GitHub Copilot did not violate the Digital Millennium Copyright Act by suggesting code without proper attribution. The judge mentioned that the suggested code wasn't similar enough to the original source code. The lawsuit also raised concerns about GitHub's duplication detection filter and the potential for AI models to memorize and regurgitate copyrighted code. However, the court dismissed these claims with prejudice, preventing the developers from refiling. The lawsuit will continue with claims related to breach of contract and open-source license violations, as punitive damages and monetary relief requests were also dismissed.

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Judge dismisses DMCA copyright claim in GitHub Copilot suit

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Judge dismisses lawsuit over GitHub Copilot coding assistant

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Link Icon 2 comments
By @bryanrasmussen - 3 months
you only need to win on one thing, and there are still two standing.
By @joshagilend - 3 months
ouch