I’m not a lawyer but my understanding these are torts so all you have to prove is Microsoft has liability. I think this would be easy to prove due to the way neural networks work since it’s just a way of performing a search.
Since it’s a tort I don’t think you have to prove they should have know it would return copyrighted code, the fact that it does is enough to have liability.
Since it’s a tort I don’t think you have to prove they should have know it would return copyrighted code, the fact that it does is enough to have liability.