Summary
Doe 1 and other anonymous GitHub users sued GitHub, Microsoft, and OpenAI entities claiming their publicly available source code was used without permission to train AI code-generation tools Codex and Copilot. The case alleges violations of sections 1202(b)(1), 1202(b)(3), and other provisions of the Digital Millennium Copyright Act (DMCA), plus breach of open source licenses; most claims were dismissed in May 2023 and January 2024 orders by Judge Jon S. Tigar, with DMCA claims surviving and certified for interlocutory appeal to the Ninth Circuit in 2024.[1][2][3][4][5] It is a proposed class action consolidated from multiple complaints filed in late 2022 in the Northern District of California, testing DMCA application to AI training data and open source licensing in code generation tools.
Case details
- Court
- NDCA
- Docket number
- 4:22-cv-06823
- Filed
- Nov 3, 2022
- Status
- Active
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