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The John Doe v. GitHub Case, Explained
- Samyak Deshpande
- Aug 28, 2024
- 13 min read
Updated: 1 day ago
This case analysis is co-authored by Sanvi Zadoo and Alisha Garg, along with Samyak Deshpande. The authors of this case analysis have formerly interned at the Indian Society of Artificial Intelligence and Law quite recently.
In a world where artificial intelligence is redefining the way developers write code, Copilot, an AI-powered coding program developed by GitHub in collaboration with OpenAI was launched in 2021. Copilot promised to revolutionize software development by generating code functions based on the input of choice. However, this ‘revolution’ soon found itself in the midst of a legal storm.
The now famous GitHub-Copilot case revolves around allegations that the AI-powered coding assistant uses copyrighted code from open-source repositories without proper credit. The initiative for the lawsuit was taken by programmer and attorney Matthew Butterick and joined by other developers. They claimed that Copilot's suggestions include exact code from public repositories without adhering to the licenses under which the code was published. Despite efforts by Microsoft, GitHub, and OpenAI to dismiss the lawsuit, the court allowed the case to proceed.
Timeline of the case
June 2021 | GitHub Copilot is publicly launched in a technical preview |
November 2022 | Plaintiffs file a lawsuit against GitHub and OpenAI, alleging DMCA violations and breach of contract |
December 2022 | The court dismisses several of the Plaintiffs' claims, including unjust enrichment, negligence, and unfair competition, with prejudice. |
March 2023 | GitHub introduces new features for Copilot, including improved security measures and an AI-based vulnerability prevention system. |
June 2023 | The court dismisses the DMCA claim with prejudice |
July 2024 | The California court affirms the dismissal of nearly all the claims |