Joseph C. Gratz

Morrison Foerster’s partner Joseph C. Gratz is a trailblazing litigator who has made a name for himself in the legal field. He is known for his expertise in handling cases involving copyright and trademark law and new technologies, and he has become an expert in the subject of artificial intelligence.

Currently, Gratz is representing OpenAI in a groundbreaking class action copyright suit about generative AI models. The plaintiffs in the suit are programmers who posted their open-source code to GitHub. OpenAI worked with GitHub to develop Copilot, a tool that helps programmers write code more efficiently by suggesting code using generative AI.

The plaintiffs allege that the process of training the AI on their publicly-posted code involved wrongful removal of copyright management information and resulted in copyright infringement. This is the first copyright case filed against the current crop of generative AI models. Does v. OpenAI et al., 4:22-cv-06823 (N.D. Cal., filed Nov. 3, 2022).

“Copilot is a service that GitHub offers that helps programmers program. It looks at what code you’re writing and suggests what should go next,” Gratz said. “Code that’s publicly posted on the Internet is studied and learned from by humans all the time, and here it’s being studied by a computer in order to learn how to write new code.”

The plaintiffs in the case argue that OpenAI’s development of Copilot involved the wrongful removal of copyright management information. They claim that their publicly-posted code was used to train the AI without proper attribution or recognition of their ownership of the code.

According to the plaintiffs, OpenAI’s actions resulted in a violation of their copyright and intellectual property rights. They allege that the company’s use of their code without proper attribution or recognition is in direct violation of copyright law and sets a dangerous precedent for the use of generative AI models in the future.

The case against OpenAI is the first copyright case to be filed against the current crop of generative AI models. The outcome of the case could have far-reaching implications for the development and use of these models in the future.

As such, the case has attracted significant attention from both the legal and tech communities. Many experts are closely watching the proceedings to see how the courts will rule and what impact the outcome will have on the use of generative AI models in the future.

The defendants in the case, including OpenAI and GitHub, have filed a motion to dismiss.

Many are eagerly awaiting the outcome of the motion and subsequent proceedings, as they could significantly impact the future of generative AI models and their use in the tech industry.

With his strong technical background, Gratz is able to provide insightful legal advice that is customized to his clients’ needs.

—Douglas Saunders