DOE vs. Github: Amended Complaints on Copyright Infringement, Open Source Licenses & More

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31 Aug 2023

DOE vs. Github (amended complaint) Court Filing (Redacted), June 8, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part of this filing here. This is the table of links with all parts.

Case Number: 4:22-cv-06823-JST

Plaintiff: DOE

Defendant: Github (amended complaint)

Filing Date: June 8, 2023

Location: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

TABLE OF CONTENTS

I. OVERVIEW: A BRAVE NEW WORLD OF SOFTWARE PIRACY:

II. JURISDICTION AND VENUE

III. INTRADISTRICT ASSIGNMENT

IV. PARTIES

A. Plaintiffs

B. Defendants

V. AGENTS AND CO-CONSPIRATORS

VI. CLASS ALLEGATIONS

A. Class Definitions

B. Numerosity

C. Typicality

D. Commonality & Predominance

E. Adequacy

F. Other Class Considerations

VII. FACTUAL ALLEGATIONS

A. Introduction

B. Codex Outputs Copyrighted Materials Without Following the Terms of the Applicable Licenses

C. Copilot Outputs Copyrighted Materials Without Following the Terms of the Applicable Licenses

D. Codex and Copilot Were Trained on Copyrighted Materials Offered Under Licenses

E. Copilot Was Launched Despite Its Propensity for Producing Unlawful Outputs

F. Copilot Reproduces the Code of the Named Plaintiffs Without Attribution

  1. Example: Copilot Outputs the Code of Doe 2 Essentially Verbatim
  2. Example: Copilot Outputs the Code of Doe 1 in Modified Format
  3. Example: Copilot Outputs the Code of Doe 5 In Modified Format
  4. Example: Copilot Outputs Code of Doe 5 Essentially Verbatim

G. Codex and Copilot Were Designed to Withhold Attribution, Copyright Notices, and License Terms from Their Users

H. Open-Source Licenses Began to Appear in the Early 1990s

I. Microsoft Has a History of Flouting Open-Source License Requirements

J. GitHub Was Designed to Cater to Open-Source Projects

K. OpenAI Is Intertwined with Microsoft and GitHub

L. Conclusion of Factual Allegations

VIII. CLAIMS FOR RELIEF

Count 1

Count 2

Count 3

Count 4

Count 5

Count 6

Count 7

Count 8

IX. DEMAND FOR JUDGMENT

X. JURY TRIAL DEMANDED


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