Microsoft, GitHub, and OpenAI have appealed a class action complaint accusing the companies of discarding code to create GitHub’s AI-powered Capilot tool. Powered by OpenAI technology, Capilot tool offers lines of code directly in the editor.
The plaintiffs claimed that the tool relies on software piracy on an unprecedented scale. Microsoft and GitHub argued that the plaintiffs are those who undermine the principles of open source by seeking an injunction and multi-billion-dollar profits on software that they willingly share as open source.
Lawyer Matthew Butterick and his team of lawyers later filed a second proposed class action on behalf of two anonymous software developers on similar grounds, which Microsoft, GitHub and OpenAI want to dismiss.
Microsoft said, “Copilot withdraws nothing from the body of open-source code available to the public. Rather, Copilot helps developers write code by generating suggestions based on what it has learned from the entire body of knowledge gleaned from public code.”
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