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OpenAI's Motion to Dismiss the Lawsuit: Why They Think They Should Be Let Off the Hook by@legalpdf

OpenAI's Motion to Dismiss the Lawsuit: Why They Think They Should Be Let Off the Hook

by Legal PDF: Tech Court CasesSeptember 18th, 2023
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DOE v. GITHUB Court Filing, retrieved on January 26, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is the table of links with all parts.

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DOE v. GITHUB Court Filing, retrieved on January 26, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is the table of links with all parts.


Case Number: 4:22-cv-06823-JST

Plaintiff: DOE

Defendant: GITHUB

Filing Date: January 26, 2023

Location: US District Court Northern District of California San Francisco Division

TABLE OF CONTENTS

NOTICE OF MOTION AND MOTION

STATEMENT OF THE ISSUES TO BE DECIDED


MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

II. PLAINTIFFS’ ALLEGATIONS


III. LEGAL STANDARD

A. Motion to Dismiss for Lack of Subject Matter Jurisdiction.

B. Motion to Dismiss for Failure to State a Claim Under Rule 12(b)(6).


IV. ARGUMENT

A. The Complaint Fails for Reasons Applicable to All Causes of Action.

  1. Plaintiffs Lack Article III Standing to Assert Their Claims.
  2. Plaintiffs Have Failed to Obtain Leave to Proceed Anonymously.
  3. The Complaint’s Undifferentiated Allegations Against the Six OpenAI Entities Fail to Satisfy Pleading Requirements.

B. The Copyright Act Preempts Several State Law Causes of Action.

C. Plaintiffs’ Claims Fail for Reasons Specific to Each Claim.

  1. Plaintiffs’ DMCA Claim Should be Dismissed.
  2. Plaintiffs’ Breach of Contract Claim Fails.
  3. The Claim for Tortious Interference in Contractual Relationship Fails.
  4. Plaintiffs Fail to Allege a False Designation of Origin Claim.
  5. Plaintiffs Fail to State a Claim for Unjust Enrichment.
  6. Plaintiffs Fail to State an Unfair Competition Claim.
  7. Plaintiffs Fail to Adequately Plead A Violation of the CCPA.
  8. Plaintiffs Fail to State a Claim for Negligence.
  9. Plaintiffs Fail to State a Civil Conspiracy Claim.
  10. Plaintiffs Fail to State a Claim for Declaratory Relief.


V. CONCLUSION


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This court case 4:22-cv-06823-JST retrieved on September 8, 2023, from DocumentCloud.org is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.