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."

Bringing database and backend work into a single TS file is just as beneficial as developing a full-stack application in one language.

When nobody expects much, you’re on to a winner

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

GitHub’s TOS nor any of the common open source licenses prohibit either humans or computers from reading and learning from publicly available code.

The TOS informs users that “You own content you create, but you allow us certain rights to it.”

Although Plaintiffs label their claim one for tortious interference with contract, they identify no contractual relationship between themselves and anyone else.

Plaintiffs purport to assert a claim under the Lanham Act for “reverse passing off.”

A small part of my story

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“I will take the command of this steamer, I will defy all the ships of the Federal marine for speed, and I will run the blockade of one of the southern ports.”

“Train your gun—kill me this demon.”

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