Legal Action Launched Against OpenAI and Microsoft Regarding GitHub Copilot
Microsoft and OpenAI Face Lawsuit Over GitHub Copilot
A class-action lawsuit has been filed against OpenAI and Microsoft concerning GitHub Copilot, the AI tool designed to assist developers in code generation. This tool utilizes OpenAI’s technology to enhance software development efficiency. Microsoft claims that Copilot is trained on “billions of lines of public code … written by others.”
The lawsuit was initiated by developer and attorney Matthew Butterick, who has joined forces with the Joseph Saveri Law Firm. They are investigating whether Copilot has violated developer rights by using their code without proper attribution. This situation could potentially lead to significant legal challenges for users of GitHub Copilot.
Bradley M. Kuhn from the Software Freedom Conservancy has expressed concerns about Copilot’s reliance on user discretion for compliance with copyleft requirements. He pointed out, “Users currently have no methods besides serendipity and educated guesses to know whether Copilot’s output is copyrighted by someone else.”
Powered by Codex, an AI system developed by OpenAI and licensed to Microsoft, Copilot provides recommendations to complete lines of code. Microsoft has promoted its capability to suggest larger segments of code, such as entire functions. The class-action lawsuit has been filed in a federal court in San Francisco, taking aim at Microsoft, GitHub, and OpenAI for several alleged violations, including breaches of GitHub’s own terms of service and privacy policies, as well as infringing the DMCA § 1202 that prohibits the removal of copyright-management information, the California Consumer Privacy Act, and related legal statutes.
The plaintiffs recognize that this lawsuit is just the beginning of what could be an extended legal process. Butterick noted on the case’s website, “As far as we know, this is the first class-action case in the US challenging the training and output of AI systems. It will not be the last. AI systems are not exempt from the law. Those who create and operate these systems must remain accountable.” He emphasized the necessity for AI to be fair and ethical, stating that otherwise, it risks becoming a tool that benefits a select few at the expense of many.
AI News will continue to provide updates on the developments of this lawsuit as more information becomes available.
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