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Judge dismisses majority of GitHub Copilot copyright claims
(www.developer-tech.com)
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It doesn't work like that. A copy is a copy. Only if you can make it credible that you independently produced the same code, can you get through with that. Hence, clean room implementations. It's not strictly necessary but deters lawsuits.
Apparently there's some confusion here what the judge ruled. This particular part is about claims under the DMCA, not copyright infringement. The relevant sections can be seen here: https://www.copyright.gov/title17/92chap12.html [edit: link fixed. The claim was that "copyright management information" was removed; prohibited under these sections.]
Here's the original text for those who want to know more (link via The Verge): https://www.documentcloud.org/documents/24796955-github-copilot-claims-dismissed