Open AI reply to amended complaint Court Filing Kandis A. Westmore, November 3, 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: 3:22-cv-06823-KAW
Plaintiff: J. DOE 1 and J. DOE 2
Defendant: GITHUB, INC., a Delaware corporation; MICROSOFT CORPORATION, a Washington corporation; OPENAI, INC., a Delaware nonprofit corporation; OPENAI, L.P., a Delaware limited partnership; OPENAI GP, L.L.C., a Delaware limited liability company; OPENAI STARTUP FUND GP I, L.L.C., a Delaware limited liability company; OPENAI STARTUP FUND I, L.P., a Delaware limited partnership; OPENAI STARTUP FUND MANAGEMENT, LLC, a Delaware limited liability company
Filing Date: December 9, 2022
Location: United States District Court
Northern District of California San Francisco Division
A. Plaintiffs Cannot Allege Any Injury-in-Fact to Establish Article III Standing
B. The Copyright Act Preempts Plaintiffs’ State Law Causes of Action
C. Plaintiffs Fail to Plead a DMCA Claim Under Section 1202(b)
1. Plaintiffs have not pled removal of CMI.
2. Plaintiffs fail to allege removal from identical copies.
E. Plaintiffs Fail to State a Claim for Unjust Enrichment
F. Plaintiffs Fail to State an Unfair Competition Claim
G. Plaintiffs Fail to State a Claim for Negligence
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This court case 3:22-cv-06823-KAW retrieved on September 2, 2023, 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.