Unjust Enrichment Allegations: GitHub and OpenAI Under Fire
by Legal PDF: Tech Court CasesSeptember 8th, 2023
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GitHub and OpenAI face an unjust enrichment claim, alleging that they have unfairly benefited from licensed materials on GitHub, generating derivative works through Copilot and profiting from their use. This alleged conduct has caused financial harm to the plaintiffs and the class, and the lawsuit seeks to prevent further injury unless stopped 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 29 of 37.
VIII. CLAIMS FOR RELIEF
COUNT VI
UNJUST ENRICHMENT
Cal. Bus. & Prof. Code §§ 17200, et seq. and Common Law
(GitHub and OpenAI)
200. Plaintiffs and the Class hereby repeat and incorporate by reference each preceding and succeeding paragraph as though fully set forth herein.
201. Plaintiffs and the Class have invested substantial time and energy in creating the Licensed Materials.
202. GitHub and OpenAI have unjustly utilized access to Licensed Materials hosted on GitHub. This code is used to create Derivative Works that are licensed to third parties in exchange for, inter alia, compliance with applicable License terms.
203. GitHub and OpenAI derive profit or other benefits from removal of attribution, copyright notices, and license terms from Licensed Materials and reselling it as Output through Copilot.
204. It would be unjust for GitHub and OpenAI to retain those benefits.
205. Plaintiffs and the Class have suffered monetary damages as a result of GitHub’s and OpenAI’s conduct.
206. 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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