Microsoft, along with its subsidiaries GitHub and OpenAI, has filed a motion to dismiss a proposed class-action lawsuit concerning AI copyright infringement of open-source code. The case centers around GitHub's Copilot system, which provides code suggestions to programmers.

Key Points:

• The companies argue that the complaint lacks specific allegations and evidence of injuries suffered
• GitHub maintains that Copilot's development has been responsibly innovative from the start
• The lawsuit, filed in November by anonymous copyright owners, alleges violation of open-source licensing terms
• Plaintiffs claim Copilot aims to replace open-source code by placing it behind a paywall
• Microsoft argues their use falls under fair use doctrine, citing the 2021 Supreme Court decision in Google v. Oracle

GitHub's Position: The platform has stated they are "committed to innovating responsibly with Copilot from the start" and views the dismissal motion as validation of their development approach.

Legal Context: The companies reference the Supreme Court's ruling that Google's use of Oracle source code was considered transformative fair use, suggesting a similar principle applies to their AI training practices.

The case (4:22-cv-068234:22-cv-07074) is currently pending in San Francisco federal court, with Microsoft asserting that the plaintiffs must provide more precise outlines of their allegations for the case to proceed.

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