DOE v. Github: Plaintiffs Have Suffered Monetary, Reputational, and Other Damages

VIII. CLAIMS FOR RELIEF

COUNT III

TORTIOUS INTERFERENCE IN A CONTRACTUAL RELATIONSHIP

Common Law

(Against All Defendants)

184. Plaintiffs and the Class hereby repeat and incorporate by reference each preceding and succeeding paragraph as though fully set forth herein.

185. Defendants have wrongfully interfered with the business interests and expectations of Plaintiffs and the Class by improperly using Copilot to create Derivative Works that compete against OSC.

186. At GitHub’s upcoming yearly conference, GitHub Universe 2022, it will host a presentation called “How to compete with open source—and win.”

187. Plaintiffs and the Class have suffered monetary, reputational, and other damages as a result of Defendants’ conduct.

188. The harm was the actual, proximate, intentional, direct, and foreseeable consequence of Defendant’s conduct.

189. The conduct of Defendants is causing and, unless enjoined and restrained by this Court, will continue to cause Plaintiffs and the Class great and irreparable injury that cannot fully be compensated or measured in money.