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Programmers Failed to State a Breach-of-License Claim

Written by @legalpdf | Published on 2023/9/22

TL;DR
Under California law, to state a claim for breach of contract a plaintiff must plead the contract.

Github Motion to dismiss Court Filing, retrieved on January 26, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This part is 14 of 26.

ARGUMENT

III. PLAINTIFFS FAIL TO STATE A BREACH-OF-LICENSE CLAIM.

“Under California law, to state a claim for breach of contract a plaintiff must plead the contract, plaintiffs’ performance (or excuse for nonperformance), defendant’s breach, and damage to plaintiff therefrom.” Low v. LinkedIn Corp., 900 F. Supp. 2d 1010, 1028 (N.D. Cal. 2012) (quotation marks omitted). Count II fails this test.

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About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings.

This court case 4:22-cv-06823-JST retrieved on September 11, 2023, from documentcloud.org 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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tags
doe-vs-github|github-lawsuit-explained|openai-copilot-lawsuit|github-copilot-lawsuit|programming-lawsuit|programming-lawsuit-plaintiffs|github-lawsuit-plaintiffs|github-lawsuit-defendants
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