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We've filed a lawsuit against GitHub Copilot

githubcopilotlitigation.com

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Re: We've filed a lawsuit against GitHub Copilot

#3
I'm kinda sceptical that this goes anywhere given that basically they say that whatever copilot outputs is your responsibility to vet that it doesn't break any copyright (obviously that goes against the promise of it and the PR but that's the small print that gets them out of trouble).

Re: We've filed a lawsuit against GitHub Copilot

#4
post #3

I'm kinda sceptical that this goes anywhere given that basically they say that whatever copilot outputs is your responsibility to vet that it doesn't break any copyright (obviously that goes against the promise of it and the PR but that's the small print that gets them out of trouble).

So, if i made napster 2.0 and said that it is your job to make sure that you do not download anything copyrighted, that would be ok?

Re: We've filed a lawsuit against GitHub Copilot

#7

How original is the generated code? Can the generated code be traced back to the code used for training and the original copyrights and licenses for that code? If so, what attribution(s) and license(s) should apply to the generated code?

They demonstrate generated code being identical to some training code.

Re: We've filed a lawsuit against GitHub Copilot

#9
post #3

I'm kinda sceptical that this goes anywhere given that basically they say that whatever copilot outputs is your responsibility to vet that it doesn't break any copyright (obviously that goes against the promise of it and the PR but that's the small print that gets them out of trouble).

Saying "it's your responsibility to not breach licenses or violate copyright" doesn't absolve your service from breaching licenses and violating copyright itself.

Re: We've filed a lawsuit against GitHub Copilot

#10
As a non-lawyer, I am very suspicious of the claim that "Plaintiffs and the Class have suffered monetary damages as a result of Defendants’ conduct." Flagrant disregard for copyright? Sure, maybe. The output of the model is subject to copyright? Who knows! But the copyright holders being damaged in some what? Seems doubtful. The best argument I could think of would be "GitHub would have had to pay us for this, and they didn't pay us, so we lost money," but that'd presumably work out to pennies per person.
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