Plaintiffs and the Class have suffered monetary, reputational, and other damages as a result of Defendants’ conduct.

OpenAI first partnered with Microsoft in November 2016.

Microsoft's primary mantra intended to win over the open-source community was “Microsoft Loves Open Source.”

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.

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.

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

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.

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