The companies
argue that the plaintiffs rely on “hypothetical events” to make their claim, and say they don’t describe how they were personally harmed by the tool.
“Copilot withdraws nothing from the body of open source code available to the public,” Microsoft and GitHub claim in the filing. “Rather, Copilot helps developers write code by generating suggestions based on what it has learned from the entire body of knowledge gleaned from public code.” Additionally, Microsoft and GitHub go on to claim that the plaintiffs are the ones who “undermine open source principles” by asking for “an injunction and a multi-billion dollar windfall” in relation to the “software that they willingly share as open source.”
The court hearing to dismiss the suit will take place in May, and Joseph Saveri Law Firm didn’t immediately respond to
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