Microsoft, GitHub, and OpenAI ask court to throw out AI copyright lawsuit

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An image showing code on a computer
Microsoft, GitHub, and OpenAI claim the lawsuit doesn’t hold up. | Photo: Jens Büttner/dpa-Zentralbild/ZB (Photo by Jens Büttner/picture alliance via Getty Images

Microsoft, GitHub, and OpenAI want the court to dismiss a proposed class action complaint that accuses the companies of scraping licensed code to build GitHub’s AI-powered Copilot tool, as reported earlier by Reuters. In a pair of filings submitted to a San Francisco federal court on Thursday, the Microsoft-owned GitHub and OpenAI say the claims outlined in the suit don’t hold up.

Launched in 2021, Copilot leverages OpenAI’s technology to generate and suggest lines of code directly within a programmer’s code editor. The tool, which is trained on publicly available code from GitHub, sparked concerns over whether it violates copyright laws soon after its release.

Things came to a head when programmer and lawyer, Matthew Butterick, teamed...

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