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- Companies say allegations are not specific enough, cite fair-use defense
- Anonymous plaintiffs say OpenAI and Microsoft are misusing copyrighted source code
(Reuters) – Microsoft Corp, Microsoft’s GitHub Inc and OpenAI Inc told a San Francisco federal court that a proposed class-action lawsuit for improperly monetizing open-source code to train their artificial-intelligence systems cannot be sustained.
The companies said in Thursday court filings that the complaint, filed by a group of anonymous copyright owners, did not outline their allegations specifically enough and that GitHub’s Copilot system, which suggests lines of code for programmers, made fair use of the source code.
A spokesperson for GitHub, an online platform for housing code, said Friday that the company has “been committed to innovating responsibly with Copilot from the start” and that its motion is “a testament to our belief in the work we’ve done to achieve that.”
Representatives for OpenAI and the plaintiffs did not immediately respond to requests for comment Friday.
Two anonymous plaintiffs, seeking to represent a class of people who own copyrights to code on GitHub, sued Microsoft, GitHub and OpenAI in November. They said the companies trained Copilot with code from GitHub repositories without complying with open-source licensing terms, and that Copilot unlawfully reproduces their code.
Open-source software can be modified or distributed for free by any users who comply with a license, which normally requires attribution to the original creator, notice of their copyright, and a copy of the license, according to the lawsuit.
“Copilot’s goal is to replace a huge swath of open source by taking it and keeping it inside a GitHub-controlled paywall,” the complaint said. “It violates the licenses that open-source programmers chose and monetizes their code despite GitHub’s pledge never to do so.”
Microsoft and OpenAI said Thursday that the plaintiffs lacked standing to bring the case because they failed to argue they suffered specific injuries from the companies’ action