Defendants have acted on grounds generally applicable to the Class.

The counsel has experience in prosecuting Federal and state class actions throughout the U.S.

Numerous questions of law or fact common to the entire Class arise from Defendants’ conduct.

Plaintiffs and Class members all own code published under a License.

Defendants did not attempt to contact Plaintiffs to obtain authority to remove or alter CMI from the Licensed Materials.

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.”

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

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’ 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."

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