Unfair Competition Allegations Against GitHub and OpenAI
by Legal PDF: Tech Court CasesSeptember 8th, 2023
Too Long; Didn't Read
GitHub and OpenAI face allegations of unfair competition, involving various unlawful business practices such as DMCA violations, tortious interference, misrepresentation, and privacy breaches. These actions have resulted in financial harm to the plaintiffs and the class, and the lawsuit seeks to prevent further harm unless halted by the court.
DOE v. Github (original complaint) Court Filing, retrieved on November 3, 2022 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 30 of 37.
VIII. CLAIMS FOR RELIEF
COUNT VII
UNFAIR COMPETITION
15 U.S.C. § 1125; Cal. Bus. & Prof. Code §§ 17200, et seq.; and Common Law
(GitHub and OpenAI)
207. Plaintiffs and the Class hereby repeat and incorporate by reference each preceding and succeeding paragraph as though fully set forth herein.
208. GitHub and OpenAI have engaged in unlawful business practices, including:
a. Violations of Plaintiffs’ and the Class’s rights under the DMCA;
b. Tortious interference in Plaintiffs’ and the Class’s contractual relations with users of their code;
c. Passing off Copilot’s Output as originating from Copilot, GitHub, and/or OpenAI;
d. Privacy violations, namely violation of the CCPA and negligent handling of personal information.
The details of the unlawful business practices are set forth herein.
209. Plaintiffs and the Class have suffered monetary damages as a result of GitHub’s and OpenAI’s conduct.
210. The conduct of GitHub and OpenAI 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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This court case 3:22-cv-06823-KAW retrieved on September 5, 2023, from Storage.Courtlistener 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.
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