Microsoft, GitHub, OpenAI urge judge to bin Copilot code rip-off case
The complaint is also deficient, the defense says, because it fails to enumerate specific wrongs, as required by law, against the handful of businesses named in the lawsuit. The defendants also raise objections to the allegations of Digital Millennium Copyright Act violations, among other supposed legal shortcomings.
"With their demand for an injunction and a multi-billion dollar windfall in connection with software that they willingly share as open source, it is Plaintiffs who seek to undermine those open source principles and to stop significant advancements in collaboration and progress." "Any GitHub user thus appreciates that code placed in a public repository is genuinely public," the Microsoft motion states."Anyone is free to examine, learn from, and understand that code, as well as repurpose it in various ways. And, consistent with this open source ethic, neither GitHub’s TOS nor any of the common open source licenses prohibit either humans or computers from reading and learning from publicly available code.
Ochoa said"spaghetti complaints" – in which multiple claims are thrown against the wall to see what sticks – are common in copyright cases. He said claims based on state law that duplicate federal copyright law are likely to be dismissed.
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