Tech Desk 
Jul 10, 2024
A judge has dismissed most of the claims brought by a group of developers against GitHub, Microsoft, and OpenAI.
Filed in 2022, the current ruling leaves only two claims standing: one relating to an open-source licence violation and the other a breach of contract.
The original lawsuit included 22 claims of copyright infringement. The developers accused Microsoft, the owner of GitHub, of using their work to train the AI-powered GitHub Copilot. GitHub uses OpenAI’s technology to power the tool.
However, Judge Tigar’s latest ruling, who back in January rejected an appeal by these companies to close the case, has raised concerns.
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Contrary to initial belief, the amended version of the lawsuit has brought attention to Copilot's suggestions matching public code found on GitHub.
The amended lawsuit argues that GitHub allows users to “receive identical code” when the filter is turned off. It also cites a study that shows how AI models can “memorise” and repeat parts of their training data, which could include copyrighted code.
Judge Tigar determined that the code GitHub allegedly copied from developers wasn’t similar enough to their original work. He referenced a part of the cited study that states GitHub Copilot “rarely emits memorised code in benign situations.”
Consequently, Judge Tigar dismissed this allegation with prejudice, meaning the developers cannot refile the claim. The court also rejected requests for punitive damages and monetary relief in the form of unjust enrichment.
Regardless, the lawsuit isn't over. Litigation will likely continue with the developers’ claims regarding breach of contract and open-source licence violations.
