Punitive damages can occur even if no financial loss has occurred.
I would also imagine those companies whose business is built around the open source development they do -- open core, SaaS, or otherwise -- would have a claim to financial damages as a result of stolen code.
I mean sure - if those companies are doing the same thing copilot is. But its not clear if financial damage was done and would have to be proven in court, against microsoft funded lawyers with the support of all the other companies trying to reframe intellectual property rights to allow their ML network and all the spinoff businesses it produces.
