Plaintiffs Seek Redress and Judgments in GitHub Copilot Lawsuit

IX. DEMAND FOR JUDGMENT

WHEREFORE, Plaintiffs requests that the Court enter judgment on their behalf and on behalf of the Class defined herein, by adjudging and decreeing that:

243. This action may proceed as a class action, with Plaintiffs serving as Class Representatives, and with Plaintiffs’ counsel as Class Counsel;

a) Judgment in favor of Plaintiffs and the Class and against Defendants;

b) Permanent injunctive relief, including but not limited to making changes to its Copilot product to ensure that all applicable information set forth in 17 U.S.C. § 1203(b)(1) is included in along with any Output including associated code;

c) An order of costs and allowable attorney’s fees pursuant to 17 U.S.C. § 1203(b)(4)–(5);

d) An award of statutory damages pursuant to 17 U.S.C. § 1203(b)(3) and 17 U.S.C. § 1203(c)(3),41 or, in the alternative, an award of actual damages and any additional profits pursuant to 17 U.S.C. § 1203(c)(2) (including tripling damages pursuant to 17 U.S.C. § 1203(c)(4) if applicable);

e) An award of damages for harms resulting from Defendants’ breach of Licenses;

f) An award of damages, including punitive damages, for harms resulting from Defendants’ tortious interference in Plaintiffs’ and the Class’s prospective contractual relations;

g) An award of damages for harms resulting from Defendants’ false designation of the origin of Copilot’s Output;

h) An award of damages in the amount Defendants have been unjustly enriched through their conduct as alleged herein as well as punitive damages in connection with this conduct;

i) An award of damages, including punitive damages, for harms resulting from Defendants acts of unfair competition;

j) Statutory damages and any other relief this Court deems proper for Defendants violation of the CCPA;

k) An award of damages for harms resulting from GitHub’s breach of the GitHub Policies; and

l) An award of damages, including punitive damages, for harms resulting from Defendants’ negligent handling of Plaintiffs’ and the Class’s personal data.

244. Injunctive relief sufficient to alleviate and stop Defendants’ unlawful conduct alleged herein.

245. Plaintiffs and the Class are entitled to prejudgment and post-judgment interest on the damages awarded them, and that such interest be awarded at the highest legal rate from and afterthe date this class action complaint is first served on Defendants;

246. Defendants are to be jointly and severally responsible financially for the costs and expenses of a Court approved notice program through post and media designed to give immediate notification to the Class.

247. Plaintiffs and the Class receive such other or further relief as may be just and proper.