this post was submitted on 28 Aug 2024
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A judge has dismissed the majority of claims in a copyright lawsuit filed by developers against GitHub, Microsoft, and OpenAI.

The lawsuit was initiated by a group of developers in 2022 and originally made 22 claims against the companies, alleging copyright violations related to the AI-powered GitHub Copilot coding assistant.

Judge Jon Tigar’s ruling, unsealed last week, leaves only two claims standing: one accusing the companies of an open-source license violation and another alleging breach of contract. This decision marks a substantial setback for the developers who argued that GitHub Copilot, which uses OpenAI’s technology and is owned by Microsoft, unlawfully trained on their work.

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Despite this significant ruling, the legal battle is not over. The remaining claims regarding breach of contract and open-source license violations are likely to continue through litigation.

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[–] General_Effort 3 points 2 months ago

Wow, long take. I didn't want "much the same" to bear a lot of meaning. In the german inquisitorial system, in a criminal case, the judge takes over the (police) investigation from the prosecution. When the police become aware of a possible crime, they inform the bureau of the state attorney. A state attorney is responsible for the investigation and for uncovering the truth. But once the case goes to court, the responsibility goes to the judge.

In a civil suit, the parties are basically in charge and not the judge. It's true that the judge has a more active role in German civil procedure. While the court is not supposed to run its own investigation, it can request additional evidence if it's necessary to judge the arguments of either side. I am not clear on the details. Where matters of fact must be determined by an expert, either party can request the court to provide one. But they can also make their own arrangements. The court can also solicit an expert opinion on its own, if necessary. Typically, the expert's opinion is given as a written statement. An oral disposition may happen when questions remain. Afaik, it's unusual to depose an expert without having first requested a written statement. Either party or the court may question the witness.