The Accusations Against GitHub Continue

VIII. CLAIMS FOR RELIEF

COUNT 6 UNJUST ENRICHMENT Common Law (Against All Defendants)

266. Plaintiffs and the Class hereby repeat and incorporate by reference each preceding and succeeding paragraph as though fully set forth herein.

267. Plaintiffs and the Class have invested substantial time and energy in creating the Licensed Materials.

268. Plaintiffs hosted their Licensed Materials on GitHub subject to open-source licenses.

269. Defendants have unjustly utilized access to Licensed Materials hosted on GitHub to create Codex and Copilot. Specifically, Defendants used Plaintiffs’ Licensed Materials to train Codex and Copilot without following the licenses under which the Licensed Materials were published.

270. By using Plaintiffs’ Licensed Materials to train Codex and Copilot, Plaintiffs and the Class were deprived of the benefits of their open-source licenses, including monetary damages.

271. Plaintiffs did not consent to the unauthorized use of their Licensed Materials to train Codex and Copilot.

272. Defendants derived profit or other benefits from the use of the Licensed Materials to train Codex and Copilot.

273. It would be unjust for Defendants to retain those benefits.

274. The conduct of Defendants is causing and, unless enjoined and restrained by this Court, will continue to cause Plaintiffs and the Class great and irreparable injury that cannot fully be compensated or measured in money.

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