A California judge dismissed many of the claims outlined in a copyright lawsuit that accuses GitHub, Microsoft, and OpenAI of copying developers’ code.
A judge has tossed nearly all of the claims a group of developers brought against GitHub, Microsoft, and OpenAI in a copyright lawsuit filed in 2022, as reported earlier by The Register. In a court order unsealed last week, a California judge left only two claims standing: one that accuses the companies of an open-source license violation and another that alleges breach of contract.
Although the court previously ruled that Copilot’s suggested code wasn’t close enough to its original source, an amended version of the complaint takes issue with GitHub’s duplication detection filter, which users can toggle on to “detect and suppress” Copilot suggestions matching public code found on GitHub. The amended lawsuit argues that GitHub gives users the option to “receive identical code” when the filter is turned off.
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