Github Copilot lawsuit

[Akira Urushibata]

References; <2023.02.16.06.17.13.131492001@afu.wta.att.ne.jp>,
 <f3ba1cf3-c547-7fe4-5e4a-8585185d5873@disroot.org>,
 <f68c3850-65be-487e-2ef6-56beeb65cdbf@shellblade.net>,
 <2023.02.19.09.06.07.127534277@afu.wta.att.ne.jp>

In February I posted a message to this list concerning generative AI
systems known to be trained with commonly available free software
source providing computer code.

libreplanet-discuss (thread) Feb 2023
https://lists.gnu.org/archive/html/libreplanet-discuss/2023-02/threads.html

I was not aware that a few months before, in November 2022, a group of
programmers had filed a suit against Github, Microsoft and OpenAI,
claiming that Github was violating their stated terms of service and
the generative AI system was illegally removing copyright license
notices.

The defendants desired to have the case dismissed.  They argued that
the source code remains available; their current practice does not
forfeit anything from the plaintiffs.  The presiding judge has decided
that the plaintiffs have sufficient ground for the case to be accepted.
Key points brought forth by them will at least be heard.

The defendants are aware that their system produces output with
copyright license notices removed.  Those who don't see the license
notice are not going to respect the terms.  This will provide
opportunities to exploit free software in ways that the original
authors would have never anticipated.

This is a case free software authors and users should pay attention to.
I believe the FSF should make an official statement now or at some point
in the near future.

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GitHub Copilot litigation
Joseph Saveri Law Firm & Matthew Butterick
https://githubcopilotlitigation.com/

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GitHub and OpenAI fail to wriggle out of Copilot lawsuit  - The Register
https://www.theregister.com/2023/05/12/github_microsoft_openai_copilot/