Microsoft, GitHub and OpenAI want the court to dismiss a proposed class action complaint accusing the companies of scrapping licensed code to build GitHub’s AI-powered Copilot tool, As I mentioned earlier before Reuters. in nuts from filings Filed in federal court in San Francisco on Thursday, Microsoft-owned GitHub and OpenAI say the claims outlined in the lawsuit do not stand up.
Things came to a head when programmer and attorney, Matthew Patrick, teamed up with the legal team at law firm Joseph Savery to file a proposed class action lawsuit last November, alleging that the tool relied on “software piracy on an unprecedented scale.” Patrick and his legal team later feet again A proposed class-action lawsuit on behalf of anonymous software developers on similar grounds, and it’s one that Microsoft, GitHub, and OpenAI want to dismiss.
As noted in the filing, Microsoft and GitHub say the complaint “fails on two fundamental flaws: lack of injury and no otherwise viable claim,” while OpenAI similarly says that the plaintiffs “allege a bag of claims that fail to defend rights violations.” identifiable legal. The companies argue that the plaintiffs rely on “hypothetical events” to make their claim, and say they don’t describe how they were personally harmed by the tool.
“Copilot does not pull anything from the text of publicly available open source code,” Microsoft and GitHub claim in the filing. Instead, Copilot helps developers write code by creating suggestions based on what it has learned from the full body of knowledge gleaned from public code.
In addition, Microsoft and GitHub continue to claim that it is the plaintiffs who are “undermining the principles of open source” by seeking a “billion-dollar injunction and windfall” with respect to “software they willingly share as open source.”
A court hearing to dismiss the lawsuit will take place in May. Law firm Joseph Savery did not immediately respond the edgeComment request.
With other companies looking into AI too, Microsoft, GitHub, and OpenAI aren’t the only ones facing legal troubles. Earlier this month, law firms Patrick and Joseph Savery filed another lawsuit alleging that artificial intelligence art tools created by MidJourney, Stability AI and DeviantArt violate copyright laws by illegally stripping artists’ work from the Internet. Getty Images is also suing Stability AI over allegations that the company’s Stable Diffusion tool “illegally” scraped images from the site.
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