“The economic loss rule” dictates that “purely economic loss due to disappointed expectations” cannot be remedied in tort.

The Complaint also is not clear on whether or to what extent the training of Copilot forms the basis of the Plaintiffs’ claims for relief.

Plaintiffs allege Copilot’s suggestions will match snippets of existing code merely 1% of the time.

The DMCA was enacted to balance the rights of users with those of copyright owners in light of new technologies.

Plaintiffs’ breach of contract claim fails at the outset because the Complaint does not identify the contract(s) or provision(s) that each Defendant breached.

Github Motion to dismiss Court Filing, retrieved on January 26, 2023 is part of HackerNoon’s Legal PDF Series.

No allegation is specific to either GitHub or Microsoft. Nothing elsewhere in the Complaint explains what any particular Defendant is supposed to have done.

As Plaintiffs acknowledge, Copilot’s suggestions are not copied from any particular source, but generated based on patterns it has “seen the most."

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

Oracle disagrees with Google’s suggestion that Sony and Sega created an “interoperability exception” to copyrightability.