Part 12 - Count II: Violation of 17 U.S.C. § 501 by Defendant Microsoft

Count II: Violation of 17 U.S.C. § 501 by Defendant Microsoft

124. The above paragraphs are incorporated by reference into this Count.

125. Plaintiff owns the exclusive rights to the Registered Works under 17 U.S.C. § 106.

126. Upon information and belief, Defendant Microsoft infringed Plaintiff’s exclusive rights in the Registered Works by downloading those works from the internet.

127. Upon information and belief, Defendant Microsoft infringed Plaintiff’s exclusive rights in the Registered Works by encoding the Registered Works in computer memory.

128. Upon information and belief, Defendant Microsoft infringed Plaintiff’s exclusive rights in the Registered Works by regurgitating those works verbatim or nearly verbatim in response to prompts by Copilot users.

129. Upon information and belief, Defendant Microsoft infringed Plaintiff’s exclusive rights in the Registered Works by producing significant amounts of material from those works in response to prompts by ChatGPT users.

130. Defendant Microsoft infringed Plaintiff’s exclusive rights in the Registered Works by abridging those works in response to prompts by Copilot users.

131. Upon information and belief, Defendant Microsoft’s infringements were willful and with full knowledge of Plaintiff’s rights in the Registered Works.