OpenAI's Motion to Dismiss: The Notice They Put Out to the World

NOTICE OF MOTION AND MOTION

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on May 4, 2023 at 2:00 p.m., or at a different time and date set by the Court, Defendants OPENAI, INC., OPENAI, L.P., OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P. AND OPENAI STARTUP FUND MANAGEMENT, LLC (hereinafter “OPENAI ENTITIES”), by and through counsel, will and hereby do move the Court to dismiss all claims asserted in the Complaint against the OpenAI Entities: (1) violation of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 1202, et seq.; (2) breach of contract; (3) “tortious interference in a contractual relationship”; (4) false designation of origin under the Lanham Act, 15 U.S.C. § 1125; (5) unjust enrichment under common law and California Business & Professions Code § 17200, et seq.; (6) unfair competition under common law, the Lanham Act, 15 U.S.C. § 1125, and California Business & Professions Code § 17200, et seq.; (7) violations of the California Consumer Privacy Act (“CCPA”), California Civil Code § 1798.150; (8) negligence; (9) civil conspiracy; and (10) declaratory relief.

This Motion is made pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), and is based upon this Notice of Motion and Motion, the Memorandum of Points and Authorities included herewith, the Declaration of Michael Jacobs and attached exhibits, the Proposed Order submitted herewith, all pleadings and papers on file in this action, and such further evidence that may be submitted to the Court or before the hearing.