On November 3, 2022, Doe 1 and Doe 2 (collectively, “Plaintiffs”), on behalf of themselves and all others similarly situated, represented by Joseph R. Saveri, Cadio Zirpoli, and Travis Manfredi of Joseph Saveri Law Firm, LLP, filed a class-action lawsuit against GitHub, Inc., Microsoft Corporation, OpenAI, Inc., OpenAI L.P., OpenAI GP, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., and OpenAI Startup Fund Management, LLC (collectively, “Defendants”), seeking injunctive relief and damages for alleged breach of contract, as well as alleged violations of the Digital Millennium Copyright Act and the California Consumer Privacy Act (the “CCPA”). This case was filed in the U.S. District Court for the Northern District of California with Judge Kandis A. Westmore presiding.
Plaintiffs brought this action for damages and injunctive relief on behalf of themselves and all others similarly situated as a class action pursuant to Rules 23(a), 23(b)(2), and 23(b)(3) of the Federal Rules of Civil Procedure.
According to the complaint, “Plaintiffs and the Class are owners of copyright interests in materials made available publicly on GitHub that are subject to various licenses containing conditions for use of those works (the ‘Licensed Materials’). All the licenses at issue here (the ‘Licenses’) contain certain common terms (the ‘License Terms’).”
Plaintiffs stated, “‘Artificial Intelligence’ is referred to herein as ‘AI’. AI is defined for the purposes of this Complaint as a computer program that algorithmically simulates human reasoning or inference, often using statistical methods. Machine Learning (‘ML’) is a subset of AI in which the behavior of the program is derived from studying a corpus of material called training data.”
Plaintiffs claimed, “GitHub is a company founded in 2008 by a team of open-source enthusiasts. At the time, GitHub’s stated goal was to support open-source development, especially by hosting open-source source code on the website github.com. Over the next 10 years, GitHub, based on these representations succeeded wildly, attracting nearly 25 million developers.”
Plaintiffs then claimed that “[d]evelopers published Licensed Materials on GitHub pursuant to written Licenses. In particular, the most popular ones share a common term: use of the Licensed Materials requires some form of attribution, usually by, among other things, including a copy of the license along with the name and copyright notice of the original author.”
Plaintiffs alleged, “On October 26, 2018, Microsoft acquired GitHub for $7.5 billion. Though some members of the open-source community were skeptical of this union, Microsoft repeated one mantra throughout ‘Microsoft Loves Open Source.’ For the first few years, Microsoft’s representations seemed credible.”
Plaintiffs then alleged, “Microsoft invested $1 billion in OpenAI LP in July 2019 at a $20 billion valuation. In 2020, Microsoft became exclusive licensee of OpenAI’s GPT-3 language model – despite OpenAI’s continued claims its products are meant to benefit ‘humanity’ at large. In 2021, Microsoft began offering GPT-3 through its Azure cloud-computing platform. On October 20, 2022, it was reported that OpenAI ‘is in advanced talks to raise more funding from Microsoft’ at that same $20 billion valuation.”
Plaintiffs also alleged, “GitHub and OpenAI have offered shifting accounts of the source and amount of the code or other data used to train and operate Copilot. They have also offered shifting justifications for why a commercial AI product like Copilot should be exempt from these license requirements, often citing ‘fair use’.”
Plaintiffs presented twelve claims for relief, including for the alleged violation of the Digital Millennium Copyright Act, the California Consumer Privacy Act, breach of contract, tortious interference in a contractual relationship, fraud, unjust enrichment, unfair competition, negligence, civil conspiracy, and declaratory relief.
In the prayer for relief, plaintiffs requested a judgment granting injunctive relief. Plaintiffs also requested an award of statutory and punitive damages.
This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.
4:22-CV-06823
11/03/2022
Pending - Other Pending
Contract - Other Contract
Jon S. Tigar
Donna M. Ryu
J. DOE 1
J. DOE 2
J. Doe 3
J. Doe 4
J. Doe 5
GitHub, Inc.
Microsoft Corporation
OPENAI, INC.
OPENAI, L.P.
OPENAI GP, L.L.C.
OPENAI STARTUP FUND GP I, L.L.C.
OPENAI STARTUP FUND I, L.P.
OPENAI STARTUP FUND MANAGEMENT, LLC
OpenAI OpCo, L.L.C.
OPENAI, L.L.C.
OPENAI GLOBAL, LLC
OAI CORPORATION,
OPENAI HOLDINGS, LLC
OPENAI HOLDCO, LLC
OPENAI INVESTMENT
Joseph R. Saveri
Holden J. Benon
Louis Andrew Kessler
Cadio R. Zirpoli
Elissa Amlin Buchanan
Matthew Butterick
Alyssa M. Caridis
Daniel Denny Justice
Annette L. Hurst
William Wayne Oxley
Alexandra Marie Ward
Tiffany Cheung
Melody Ellen Wong
Rose S Lee
Joseph Charles Gratz
No Description Available
Affidavit of Travis Manfredi
Main Document
(#286) USCA Case Number 24-7700 Ninth Circuit; Time Schedule Order (dhm, COURT STAFF) (Filed on 12/23/2024) (Entered: 12/23/2024)
(#285) ORDER of USCA as to #283 . The petition for permission to appeal is granted. Within 14 days, petitioners must comply with Federal Rule of Appellate Procedure 5(d)(1). Petitioners request for leave to file additional briefing is denied as unnecessary. (dhm, COURT STAFF) (Filed on 12/19/2024) (Entered: 12/19/2024)
(#283) USCA DOCKETING NOTICE: Acknowledging receipt of Petition for Permission to Appeal. Case Number 24-6136 Ninth Circuit (dhm, COURT STAFF) (Filed on 10/9/2024) (Entered: 10/09/2024)
(#282) ORDER GRANTING MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL AND MOTION TO STAY PENDING APPEAL by Judge Jon S. Tigar granting #268 Motion for Leave to Appeal. (dms, COURT STAFF) (Filed on 9/27/2024) (Entered: 09/27/2024)
No Description Available
No Description Available
No Description Available
Declaration Joseph R. Saveri
No Description Available
Exhibit A to Joseph C. Gratz Declaration
Declaration of Joseph C. Gratz
No Description Available
No Description Available
Docket(#287) Notice of Appeal FEE PAID (Filing fee$605,receipt number ACANDC-20181530). (Saveri, Joseph) (Filed on 12/27/2024) (Entered: 12/27/2024)
[-] Read LessDocket(#286) USCA Case Number 24-7700 Ninth Circuit; Time Schedule Order (dhm, COURT STAFF) (Filed on 12/23/2024) (Entered: 12/23/2024)
[-] Read LessDocket(#285) ORDER of USCA as to #283 . The petition for permission to appeal is granted. Within 14 days, petitioners must comply with Federal Rule of Appellate Procedure 5(d)(1). Petitioners request for leave to file additional briefing is denied as unnecessary. (dhm, COURT STAFF) (Filed on 12/19/2024) (Entered: 12/19/2024)
[-] Read LessDocket#Electronic filing error. *** Corrected by Clerk's Office. No further action is necessary. Correction made pursuant to telephone request *** Re: 284 Notice of Appearance/Substitution/Withdrawal of Attorney,, filed by filed by Carolyn Myrle Homer on behalf of GitHub, Inc., Microsoft Corporation (dhm, COURT STAFF) (Filed on 10/16/2024) (Entered: 10/16/2024)
[-] Read LessDocket(#284) NOTICE of Appearance filed by Carolyn Myrle Homer on behalf of OAI CORPORATION, OPENAI GLOBAL, LLC, OPENAI HOLDCO, LLC, OPENAI HOLDINGS, LLC, OPENAI INVESTMENT, OPENAI INVESTMENT LLC, OPENAI STARTUP FUND SPV GP I, L.L.C., OPENAI STARTUP FUND SPV I, L.P, OPENAI, L.L.C., OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund Management, LLC, OpenAI, Inc. (Homer, Carolyn) (Filed on 10/16/2024) Modified on 10/16/2024 correcting filer (dhm, COURT STAFF). (Entered: 10/16/2024)
[-] Read LessDocket(#283) USCA DOCKETING NOTICE: Acknowledging receipt of Petition for Permission to Appeal. Case Number 24-6136 Ninth Circuit (dhm, COURT STAFF) (Filed on 10/9/2024) (Entered: 10/09/2024)
[-] Read LessDocket(#282) ORDER GRANTING MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL AND MOTION TO STAY PENDING APPEAL by Judge Jon S. Tigar granting #268 Motion for Leave to Appeal. (dms, COURT STAFF) (Filed on 9/27/2024) (Entered: 09/27/2024)
[-] Read LessDocket(#281) NOTICE of Withdrawal filed by Allyson Roz Bennett, no longer appearing on behalf of OAI CORPORATION,, OPENAI GLOBAL, LLC, OPENAI HOLDCO, LLC, OPENAI HOLDINGS, LLC, OPENAI STARTUP FUND SPV GP I, L.L.C., OPENAI STARTUP FUND SPV I, L.P, OPENAI, L.L.C., OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. in this case (Bennett, Allyson) (Filed on 9/17/2024) (Entered: 09/17/2024)
[-] Read LessDocket(#280) CLERK'S NOTICE VACATING MOTION HEARING. Before the Court is Plaintiff's #268 MOTION for Leave to Appeal PURSUANT TO 28 U.S.C. 1292(B). Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds the matter suitable for disposition without oral argument. The hearing on this matter that is currently scheduled for 09/26/24 at 2:00PM is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dms, COURT STAFF) (Filed on 9/16/2024) (Entered: 09/16/2024)
[-] Read LessDocket(#279) NOTICE of Appearance filed by John Robert Lanham on behalf of OAI CORPORATION,, OPENAI GLOBAL, LLC, OPENAI HOLDCO, LLC, OPENAI HOLDINGS, LLC, OPENAI INVESTMENT, OPENAI INVESTMENT LLC, OPENAI STARTUP FUND SPV GP I, L.L.C., OPENAI STARTUP FUND SPV I, L.P, OPENAI, L.L.C., OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Lanham, John) (Filed on 9/13/2024) (Entered: 09/13/2024)
[-] Read LessDocket(#9) SUMMONS Returned Executed by J. DOE 2, J. DOE 1. OPENAI STARTUP FUND GP I, L.L.C. served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022) (Entered: 11/14/2022)
[-] Read LessDocket(#8) SUMMONS Returned Executed by J. DOE 2, J. DOE 1. Microsoft Corporation served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022) (Entered: 11/14/2022)
[-] Read LessDocket(#7) SUMMONS Returned Executed by J. DOE 2, J. DOE 1. GitHub, Inc. served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022) (Entered: 11/14/2022)
[-] Read LessDocket(#6) Summons Issued as to GitHub, Inc., Microsoft Corporation, OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P. (cjl, COURT STAFF) (Filed on 11/4/2022) (Entered: 11/04/2022)
[-] Read LessDocket(#5) Proposed Summons. (Saveri, Joseph) (Filed on 11/4/2022) (Entered: 11/04/2022)
[-] Read LessDocket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/31/2023. Initial Case Management Conference set for 2/7/2023 01:30 PM in Oakland, - To be determined. (cjl, COURT STAFF) (Filed on 11/4/2022) (Entered: 11/04/2022)
[-] Read LessDocket#Electronic filing error. Error on PDF attached. [err201] First page overflows onto second page. This filing will not be processed by the clerks office. Please re-file in its en tirety Re: #2 Proposed Summons filed by J. DOE 1, J. DOE 2. (cjl, COURT STAFF) (Filed on 11/4/2022) (Entered: 11/04/2022)
[-] Read LessDocket(#3) Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/17/2022. (bw, COURT STAFF) (Filed on 11/3/2022) (Entered: 11/03/2022)
[-] Read LessDocket(#2) Proposed Summons. (Saveri, Joseph) (Filed on 11/3/2022) (Entered: 11/03/2022)
[-] Read LessDocket(#1) CLASS ACTION COMPLAINT (with jury demand) (no process) against All Defendants (Filing fee $402, receipt number BCANDC-17694670). Filed by J. DOE 2, J. DOE 1. (Attachments: #1 Appendix A - Full Text of Licenses, #2 Exhibit 1 - Terms of Service, Privacy Statement, #3 Civil Cover Sheet)(Saveri, Joseph) (Filed on 11/3/2022) Modified on 11/4/2022 (cjl, COURT STAFF). (Entered: 11/03/2022)
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