Microsoft, GitHub, and OpenAI are being sued for allegedly violating copyright law by reproducing open-source code using AI. But the suit could have a huge impact on the wider world of artificial intelligence.
The key question in the lawsuit is whether open-source code can be reproduced by AI without attached licenses.alleging that the companies’ creation of AI-powered coding assistant GitHub Copilot relies on “software piracy on an unprecedented scale.” The case is only in its earliest stages but could have a huge effect on the broader world of AI, where companies are making fortunes training software on copyright-protected data.
The lawsuit, which was filed last Friday, is in its early stages. In particular, the court has not yet certified the proposed class of programmers who have allegedly been harmed. But speaking to, Butterick and lawyers Travis Manfredi and Cadio Zirpoli of the Joseph Saveri Law Firm said they expected the case to have a huge impact on the wider world of generative AI.
I feel sometimes that the backlash you get from the AI community — and you’re dealing with wonderful researchers, wonderful thinkers — they’re not acclimated to working in this sphere of regulation and safety. It’s always a challenge in technology because regulation moves behind innovation. But in the interim, cases like this fill that gap. That’s part of what a class action lawsuit is about: is testing these ideas and starting to create clarity.
If you divorce the code from the creators, what does it mean? Let me give you one example. I spoke to an engineer in Europe who said, “Attribution is a really big deal to me because that’s how I get all my clients. I make open source software; people use my packages, see my name on it, and contact me, and I sell them more engineering or support.” He said, “If you take my attribution off, my career is over, and I can’t support my family, I can’t live.
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