Microsoft, GitHub and OpenAI Move to Dismiss AI Copyright Infringement Suit

Microsoft, GitHub and OpenAI Move to Dismiss AI Copyright Infringement Suit

By Marcus Delano Thompson

January 15, 2025 at 10:24 PM

Microsoft Corporation, GitHub, and OpenAI are seeking dismissal of a proposed class-action lawsuit regarding their use of open-source code for AI training. The lawsuit centers on GitHub's Copilot system, which provides code suggestions to programmers.

GitHub homepage with Microsoft OpenAI logos

GitHub homepage with Microsoft OpenAI logos

Key Points:

  • The companies filed a motion in San Francisco federal court arguing that the complaint lacks specific allegations and proper documentation
  • GitHub maintains that Copilot's development has been responsible and compliant with fair use principles
  • The lawsuit was filed by anonymous copyright holders in November, representing programmers who have code hosted on GitHub
  • Plaintiffs claim Copilot violates open-source licensing terms and monetizes code against GitHub's previous commitments
  • Microsoft argues that plaintiffs haven't demonstrated specific injuries and that their use falls under fair use doctrine
  • The companies cite the 2021 Supreme Court decision in Google v. Oracle as precedent, which ruled that similar code use was transformative fair use

GitHub's position remains that they have "been committed to innovating responsibly with Copilot from the start," defending their approach to AI development while respecting intellectual property rights.

YouTube logo with Los Angeles text

YouTube logo with Los Angeles text

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