Summary
Four anonymous software programmers sued GitHub, Microsoft, and OpenAI, alleging their publicly available source code was used to train the AI coding tools Copilot and Codex without permission, and that defendants removed or failed to reproduce copyright management information from the code in violation of the Digital Millennium Copyright Act and open-source licenses. The plaintiffs asserted claims under Sections 1202(b)(1) and 1202(b)(3) of the DMCA, breach of open-source licenses, and various state law claims including unjust enrichment, tortious interference, and fraud; a federal judge in May 2023 dismissed most claims but allowed the DMCA and open-source license claims to proceed. The case seeks $9 billion in statutory damages and could establish precedent for how courts treat the use
Case details
- Court
- NDCA
- Docket number
- 4:22-cv-07074
- Filed
- Nov 10, 2022
- Status
- Active
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