Sure, those comments might be considered infringement, but that's from an earlier version of Codex. Copilot does not return that code. The complaint even says so.
I assume they want some kind of broad relief, such as an injunction to take down copilot. They are not going to get it, they are not going to get anything at all, if they can’t even provide examples of violating code.
Perhaps that is why they are reaching out to potential class members
> if they can’t even provide examples of violating code.
This is the very beginning of a very long process. I wouldn't rule out a settlement where class members get $10-100, which is a common resolution for class action suits.
The lawyers defending the founders did try to make the argument that no infringement had been proven, and that the list itself was not proof of any infringement. It was just a list on a website, and they even presented evidence that the counter on the list was algorithm faulty. The judges was not convinced and applied the common sense approach that taken as a whole, it was not believable that no infringement had occurred by the website given the context of the site (the name, the top list, the overall perspective of how the site was designed).
There’s not even a single mention of any established legal doctrines around copyright and software, such as abstract-filter-compare, idea-expression dichotomy, etc.