Doe Vs. GitHub: GitHub Seeks to Dismiss Copyright Lawsuit
by Legal PDFSeptember 22nd, 2023
Too Long; Didn't Read
Github Motion to dismiss Court Filing, retrieved on January 26, 2023 is part of HackerNoon’s Legal PDF Series.
Github Motion to dismiss 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: J.DOE
Defendant: GITHUB
Judge: Hon. Jon S. Tigar
Filing Date: January 26, 2023
Location: US District Court Northern District of California, Oakland Division
TABLE OF CONTENTS
MEMORANDUM OF POINTS AND AUTHORITIES - INTRODUCTION AND SUMMARY OF ISSUES
ALLEGATIONS OF THE OPERATIVE COMPLAINT
A. OpenAI Develops A Generative AI Tool Called Codex.
B. GitHub Offers Copilot, A Code Completion Tool Built On Codex.
C. Plaintiffs Sue Based On An Attribution Theory.
ARGUMENT
A. Plaintiffs’ Lack-Of-Attribution Theory Is Insufficient To Confer Standing.
B. Plaintiffs Also Do Not Allege Privacy-Based Injury.
II. PLAINTIFFS FAIL TO STATE A DMCA CLAIM.
A. Plaintiffs Cannot Allege The Required Likelihood Of Infringement.
B. Count I Impermissibly Lumps Together Multiple Defendants, Claims, And Theories Of Liability.
III. PLAINTIFFS FAIL TO STATE A BREACH-OF-LICENSE CLAIM.
A. Plaintiffs Fail To Specify The Contract Provisions Allegedly Breached.
C. Plaintiffs Have Not Plausibly Alleged Breach Based On An Output Theory.
IV. PLAINTIFFS’ TORT AND UCL CLAIMS FAIL.
A. Plaintiffs’ Tort And UCL Claims Are Preempted By The Copyright Act.
C. Plaintiffs’ Fraud Claim Against GitHub Is Barred By The Economic Loss Rule And Fails Rule 9.
D. Plaintiffs Lack Standing To Bring A UCL Unlawful Competition Claim And Fail To State A Claim.
V. PLAINTIFFS’ REVERSE PASSING OFF CLAIM IS BARRED UNDER DASTAR.
VI. PLAINTIFFS’ PRIVACY CLAIMS AGAINST GITHUB FAIL.
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This court case 4:22-cv-06823-JST retrieved on September 11, 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.
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