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.

Plaintiffs bring this action for damages and injunctive relief on behalf of themselves and all others similarly situated.

The Defendants’ agents operated under the explicit and apparent authority of their principals.

Plaintiff were, and continue to be, injured during the Class Period as a result of Defendants’ unlawful conduct alleged herein.

As a result, GitHub and OpenAI have intentionally violated 15 U.S.C. § 1125(a)(1)(A).

Plaintiffs and the Class relied upon those representations in choosing to upload Licensed Materials to GitHub.

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.”