Microsoft sued for stealing open-source code

In addition to the license rights of open-source coders, Butterick thus indicates in the charges against Microsoft, GitHub and OpenAI that Copilot violates the following elements:

  • GitHub’s Terms of Service and Privacy Policy;
  • DMCA Section 1202 prohibiting removal of copyright information;
  • California consumer privacy law.

Each time Copilot provides a line, the tool violates DMCA Section 1202 on three levels (attribution, copyright information, and license terms). If Every Copilot User Receives Even One Disputed Line, Then Microsoft, GitHub, and OpenAI Are Violating the DMCA 3.6 Billion Times “says Butterick in his complaint.

The man seeks minimum damages of $2,500 per violation. Based on the estimated number of violations, the total damages amount to a colossal sum of $9 billion.

Microsoft and GitHub were asked about this high-stakes complaint. Only GitHub came up with the following response: ” We have been committed to responsible innovation with Copilot since its inception. We will continue to evolve the product to best serve developers around the world “.

Legal case to follow, therefore.

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