July 10th, 2024

Judge dismisses lawsuit over GitHub Copilot coding assistant

A US judge dismissed a lawsuit against GitHub over AI training with public code. Plaintiffs failed to prove damages for breach of contract. GitHub Copilot faces scrutiny for using open-source code.

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Judge dismisses lawsuit over GitHub Copilot coding assistant

A US District Court judge in San Francisco has dismissed a class-action lawsuit challenging GitHub's use of code samples to train its AI-driven coding assistant, GitHub Copilot. The lawsuit, filed in Nov. 2022, alleged that training Copilot on public GitHub code repositories violated the rights of creators who posted code under open-source licenses. The suit named GitHub, Microsoft, and OpenAI as defendants. The judge ruled that the plaintiffs failed to establish restitution for damages related to breach of contract claims. GitHub Copilot suggests code snippets in real time and has been trained on billions of lines of code, drawing criticism from the Free Software Foundation for its use of freely licensed software. The decision, announced on June 24, stated that the plaintiffs' claims did not support the remedy sought, dismissing some claims while allowing breach of contract claims to proceed. The lawsuit represents a significant legal battle over intellectual property violations in the tech industry arising from AI systems.

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By @i_am_proteus - 3 months
Final text from the decision: "In sum, the Court dismisses Plaintiffs’ Section 1202(b) claim, this time with prejudice. The Court declines to dismiss Plaintiffs’ claim for breach of contract of open-source license violations against all Defendants. Finally, the Court dismisses Plaintiffs’ request for monetary relief in the form of unjust enrichment, as well as Plaintiffs’ request for punitive damages."

I am curious if some legal-minded person knows what the implications of the non-dismissal of the breach of contract is-- it reads to this layman as if damages will not be awarded, but leaves open some future suit that could be brought against Microsoft and OpenAI?