Open AI reply to amended complaint Court Filing Kandis A. Westmore, November 3, 2023 is part of . You can jump to any part in this filing here. This is the table of links with all parts. HackerNoon’s Legal PDF Series 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 TABLE OF CONTENTS I. INTRODUCTION II. ARGUMENT A. Plaintiffs Cannot Allege Any Injury-in-Fact to Establish Article III Standing Does 1, 2, and 5 cannot establish standing by showing their own postcomplaint acts harmed them. Does 3 and 4 also lack standing. Plaintiffs’ hunch that their code has been output does not justify jurisdictional discovery. 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. D. Plaintiffs’ Intentional and Negligent Interference with Prospective Economic Relations Claims Fail 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 III. CONCLUSION About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case 3:22-cv-06823-KAW retrieved on September 2, 2023, from 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. Storage.Courtlistener