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A judge has dismissed the majority of claims in a copyright lawsuit filed by developers against GitHub, Microsoft, and OpenAI.

The lawsuit was initiated by a group of developers in 2022 and originally made 22 claims against the companies, alleging copyright violations related to the AI-powered GitHub Copilot coding assistant.

Judge Jon Tigar’s ruling, unsealed last week, leaves only two claims standing: one accusing the companies of an open-source license violation and another alleging breach of contract. This decision marks a substantial setback for the developers who argued that GitHub Copilot, which uses OpenAI’s technology and is owned by Microsoft, unlawfully trained on their work.

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Despite this significant ruling, the legal battle is not over. The remaining claims regarding breach of contract and open-source license violations are likely to continue through litigation.

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This is an aspect of the German court system that is LEAGUES more sensible than the US - they have certified subject matter experts in a ton of domains that work with courts to help meaningfully inform judicial decisions. The system isn’t perfect (no system is), but it’s a damn sight better than what the US generally does. I'm categorically unable to name a justice or court jurisdiction anywhere in the US that consistently makes well-informed and incisive decisions on anything in the computer hardware / EE or computer science fields.

[-] termain@programming.dev 6 points 3 weeks ago

Judge William Alsup. Um, now ask me to name another.

Biden or Harris could do the US a favor and name, say, Shayon Ghosh to the federal bench. He's not quite as qualified as Alsup: whilst he's also from Jackson, MS, he strangely chose to go to Carnegie Mellon over Alsup's choice of Mississippi State.

I mean sure you can cherry pick examples that are outstanding justices in that regard. But that’s never going to hold a candle to implementing a systemic norm that essentially says “a judge ruling on a case primarily concerned with can tap a pool of certified experts on to make the most informed decision possible”. An enhancement to that would be “the pool of experts may also flag decisions made by justices that the a majority of said experts deem inappropriate”.

I’m not saying this hypothetical system would be perfect, or that it wouldn’t need further tweaking and iteration, but specifically including feedback mechanisms like that would probably (hopefully) steer things towards a reasonably decent trajectory.

[-] termain@programming.dev 3 points 3 weeks ago

...

I think you misread the tone of my comment. I can name one. And point out one more potential candidate. I'd say that supports your position.

Also, I'm not sure how that constitutes cherry-picking, as for me that particular word choice implies a lack of good-faith reasoning. Regardless, I greatly appreciate your tone and consideration as well as your thoughtful points. Good discussion!

[-] gravitas_deficiency@sh.itjust.works 2 points 3 weeks ago* (last edited 3 weeks ago)

Fair point. Didn’t mean to come off stabby, or to imply bad faith. I appreciate the discussion as well! Cheers, friend! 🍻

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this post was submitted on 28 Aug 2024
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