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 Complaint lacks allegations sufficient to demonstrate that Plaintiffs were or will be injured in either respect.

Even as Plaintiffs hypothesize harm from failing to be identified, they also allege their privacy is injured.

Codex “does not understand the meaning of code," nor its “semantics and context the way humans do."

Plaintiffs claim that GitHub invaded their privacy at the same time that the overall thrust of the Complaint is a failure to publicly attribute their identity.

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

Plaintiffs duplicate their DMCA, tort, passing off, and privacy claims as purported violations by GitHub of California’s Unfair Competition Law.

Plaintiffs purport to advance an unjust enrichment claim against GitHub (Count VI), but “there is no cause of action in California for unjust enrichment.”

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.