Court Allows Three of Plaintiffs’ Claims to Survive Motion to Dismiss in Lawsuit That Could Significantly Impact the World of Generative AI

GitHub, acquired by Microsoft in 2018, is an online repository used by software developers for storing and sharing software projects.

In collaboration with OpenAI, GitHub released an artificial intelligence-based offering in 2021 called Copilot, which is powered by OpenAI’s generative AI model, Codex.  Together, these tools assist software developers by taking natural language prompts describing a desired functionality and suggesting blocks of code to achieve that functionality.  OpenAI states on its website that, Codex was trained on “billions of lines of source code from publicly available sources, including code in public GitHub repositories.” 

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