GitHub, Microsoft, OpenAI fail to wriggle out of Copilot copyright lawsuit
The judge rejected the defense motion to dismiss the plaintiffs' claim that Codex's capacity to reproduce code represents a breach of software licensing terms. He also rejected the defense effort to toss a claim under Section 1202 of the Digital Millennium Copyright Act that Copilot and Codex reproduce copyrighted code without the required copyright management information – author, title, owner, terms and conditions, and so on.
Essentially, the related claims made by the defendants lack the detail required by law to proceed. But he found them plausible enough to consider an amended complaint that provides more clarity about the supposed injury arising from Copilot and Codex.
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