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DOE vs. Github: Amended Complaints on Copyright Infringement, Open Source Licenses & More by@legalpdf
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DOE vs. Github: Amended Complaints on Copyright Infringement, Open Source Licenses & More

by Legal PDF: Tech Court CasesAugust 31st, 2023
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Dive into the legal world of software piracy with the court filing of DOE vs. Github (Amended Complaint). HackerNoon's Legal PDF Series retrieved this case from the public domain, highlighting copyright violations, open-source license intricacies, and the complex interplay between software development and legal boundaries.

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DOE vs. Github (amended complaint) Court Filing (Redacted), June 8, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part of this filing here. This is the table of links with all parts.


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

Plaintiff: DOE

Defendant: Github (amended complaint)

Filing Date: June 8, 2023

Location: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

TABLE OF CONTENTS

I. OVERVIEW: A BRAVE NEW WORLD OF SOFTWARE PIRACY:

II. JURISDICTION AND VENUE

III. INTRADISTRICT ASSIGNMENT


IV. PARTIES

A. Plaintiffs

B. Defendants


V. AGENTS AND CO-CONSPIRATORS


VI. CLASS ALLEGATIONS

A. Class Definitions

B. Numerosity

C. Typicality

D. Commonality & Predominance

E. Adequacy

F. Other Class Considerations


VII. FACTUAL ALLEGATIONS

A. Introduction

B. Codex Outputs Copyrighted Materials Without Following the Terms of the Applicable Licenses

C. Copilot Outputs Copyrighted Materials Without Following the Terms of the Applicable Licenses

D. Codex and Copilot Were Trained on Copyrighted Materials Offered Under Licenses

E. Copilot Was Launched Despite Its Propensity for Producing Unlawful Outputs

F. Copilot Reproduces the Code of the Named Plaintiffs Without Attribution

  1. Example: Copilot Outputs the Code of Doe 2 Essentially Verbatim
  2. Example: Copilot Outputs the Code of Doe 1 in Modified Format
  3. Example: Copilot Outputs the Code of Doe 5 In Modified Format
  4. Example: Copilot Outputs Code of Doe 5 Essentially Verbatim

G. Codex and Copilot Were Designed to Withhold Attribution, Copyright Notices, and License Terms from Their Users

H. Open-Source Licenses Began to Appear in the Early 1990s

I. Microsoft Has a History of Flouting Open-Source License Requirements

J. GitHub Was Designed to Cater to Open-Source Projects

K. OpenAI Is Intertwined with Microsoft and GitHub

L. Conclusion of Factual Allegations


VIII. CLAIMS FOR RELIEF

Count 1

Count 2

Count 3

Count 4

Count 5

Count 6

Count 7

Count 8


IX. DEMAND FOR JUDGMENT

X. JURY TRIAL DEMANDED




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This court case 4:22-cv-06823-JST retrieved on [insert date], from Storage Courtlistener 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.