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
STATEMENT OF THE ISSUES TO BE DECIDED
MEMORANDUM OF POINTS AND AUTHORITIES
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.
- Plaintiffs Lack Article III Standing to Assert Their Claims.
- Plaintiffs Have Failed to Obtain Leave to Proceed Anonymously.
- 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.
- Plaintiffs’ DMCA Claim Should be Dismissed.
- Plaintiffs’ Breach of Contract Claim Fails.
- The Claim for Tortious Interference in Contractual Relationship Fails.
- Plaintiffs Fail to Allege a False Designation of Origin Claim.
- Plaintiffs Fail to State a Claim for Unjust Enrichment.
- Plaintiffs Fail to State an Unfair Competition Claim.
- Plaintiffs Fail to Adequately Plead A Violation of the CCPA.
- Plaintiffs Fail to State a Claim for Negligence.
- Plaintiffs Fail to State a Civil Conspiracy Claim.
- Plaintiffs Fail to State a Claim for Declaratory Relief.
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