DOE v. Github: Plaintiffs File Suit On Behalf of Themselves and Others Who Stored Software in GitHub

VI. CLASS ALLEGATIONS

A. Class Definitions

34. Plaintiffs bring this action for damages and injunctive relief on behalf of themselves and all others similarly situated as a class action pursuant to Rules 23(a), 23(b)(2), and 23(b)(3) of the Federal Rules of Civil Procedure, on behalf of the following Classes:

“Injunctive Relief Class” under Rule 23(b)(2):

All persons or entities domiciled in the United States that, (1) owned an interest in at least one US copyright in any work; (2) offered that work under one of GitHub’s Suggested Licenses[4] ; and

(3) stored Licensed Materials in any public GitHub repositories at any time between January 1, 2015 and the present (the “Class Period”).

“Damages Class” under Rule 23(b)(3):

All persons or entities domiciled in the United States that, (1) owned an interest in at least one US copyright in any work; (2) offered that work under one of GitHub’s Suggested Licenses; and (3) stored Licensed Materials in any public GitHub repositories at any time during the Class Period.

These “Class Definitions” specifically exclude the following person or entities:

a. Any of the Defendants named herein;

b. Any of the Defendants’ co-conspirators;

c. Any of Defendants’ parent companies, subsidiaries, and affiliates;

d. Any of Defendants’ officers, directors, management, employees, subsidiaries, affiliates, or agents;

e. All governmental entities; and

f. The judges and chambers staff in this case, as well as any members of their immediate families.