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But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here. Plaintiffs argued that with the popularity of Copilot, it is a near certainty that their code will be used with copyrightnotices removed or in violation of their open-source licenses.
Also, for unclear reasons, the defendant repeatedly kept uploading the files even after it previously removed the files in response to the plaintiff’s demands or pressure from upstream service providers who received the plaintiff’s DMCA notices. The plaintiff sued the defendant (and others) for copyright infringement.
Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. The significance of the report and its issues have been extensively covered on the blog here.
A right holder may consent to more than what a copyright exception allows. The Court held that a simple consent does not grant any rights to the user (unlike a license or a contract regarding the use of the work). The Court held that its decision does not unduly restrict copyright owners’ rights. 2(a) and Art.
Once a work was published, state law was divested, and one of two things happened. If the work was published with proper copyrightnotice, it received a federal statutory copyright. If the work was published without proper copyrightnotice, the work entered the public domain.
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