DOE vs. Github (amended complaint) Court Filing (Redacted), June 8, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 10 of 38.
VI. CLASS ALLEGATIONS
D. Commonality & Predominance
41. Numerous questions of law or fact common to the entire Class arise from Defendants’ conduct—including, but not limited to those identified below:
1. DMCA Violations
- Whether Defendants’ conduct violated the Class’s rights under the DMCA when GitHub and OpenAI caused Codex and Copilot to ingest and distribute Licensed Materials without including any associated Attribution, Copyright Notice, or License Terms.
2. Contract-Related Conduct
- Whether Defendants violated the Licenses governing use of the Licensed Materials by using them to train Copilot and for republishing those materials without appending the required Attribution, Copyright Notice, or License Terms.
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Whether Defendants interfered in prospective economic relations between the Class and the public regarding the Licensed Materials by concealing the License Terms.
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Whether Defendants intentionally or negligently interfered with a prospective economic advantage.
3. Unlawful-Competition Conduct
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Whether Defendants passed-off the Licensed Materials as its own creation and/or Codex or Copilot’s creation.
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Whether Defendants were unjustly enriched by the unlawful conduct alleged herein.
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Whether Defendants’ conduct alleged herein constitutes Unfair Competition under California Business and Professions Code section 17200 et seq.
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Whether Defendants’ conduct alleged herein constitutes unfair competition under the common law.
4. Injunctive Relief
- Whether this Court should enjoin Defendants from engaging in the unlawful conduct alleged herein. And what the scope of that injunction would be.
5. Defenses
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Whether any affirmative defense excuses Defendants’ conduct.
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Whether any statutes of limitation limit Plaintiffs’ and the Class’s potential for recovery.
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Whether any applicable statutes of limitation should be tolled as a result of Defendants’ fraudulent concealment of their unlawful conduct.
- These and other questions of law and fact are common to the Class and predominate over any questions affecting the Class members individually.
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This court case 4:22-cv-06823-JST retrieved on August 26, 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.