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TagDoe vs. GitHub

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Intellectual Property Rights, Copyright, Patent or Trademark Infringement

Law: Doe vs. GitHub Is a Non-Crisis

Despite worrisome headlines in the media, Doe v. GitHub, Inc. would protect licensed software code without blocking AI systems from using internet data for “learning”

Headline at The Verge: “The lawsuit that could rewrite the rules of AI copyright.” Wired similarly declares: “This Copyright Lawsuit Could Shape the Future of Generative AI.” The subtitle warns: “Algorithms that create art, text, and code are spreading fast — but legal challenges could throw a wrench in the works.” Indeed, two putative class action lawsuits were filed in the Northern District of California federal district court in November 2022 against GitHub, GitHub’s owner Microsoft, OpenAI and others. The lawsuits allege that two interrelated artificial intelligence (AI) software systems are continuously violating the 1998 Digital Millennium Copyright Act (DMCA) as well as breaching contracts, engaging in unlawful competition, and violating California state privacy laws. Attorney and programmer Matthew Butterick Read More ›