A judge has dismissed the majority of claims in a copyright lawsuit filed by developers against GitHub, Microsoft, and OpenAI.
The lawsuit was initiated by a group of developers in 2022 and originally made 22 claims against the companies, alleging copyright violations related to the AI-powered GitHub Copilot coding assistant.
Judge Jon Tigar’s ruling, unsealed last week, leaves only two claims standing: one accusing the companies of an open-source license violation and another alleging breach of contract. This decision marks a substantial setback for the developers who argued that GitHub Copilot, which uses OpenAI’s technology and is owned by Microsoft, unlawfully trained on their work.
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Despite this significant ruling, the legal battle is not over. The remaining claims regarding breach of contract and open-source license violations are likely to continue through litigation.
Well. Aren’t those two exactly what open source licensing is about?
Either you follow the license, or you are in violation of copyright.
If you make a byte-for-byte copy of something why would you think copyright would not apply? If you listened to the dialogue of a Marvel movie, wrote it down line for line and so happened that the stage directions you wrote were identical to those in the movie, congrats, you’ve worked your way into a direct copy of something that’s under copyright. If you draw three circles by hand in exactly the right way, you might get a Mouse coming after you. If you digitally render those circles in Photoshop, same idea[/concept, yes I know one is a trademark issue].