By Barry Werbin On May 11, 2023, the N.D. Cal. decided the motion to dismiss filed by the defendants (GitHub, Microsoft, OpenAI) in this class action, ruling that (i) the class-action plaintiffs’ claims for violation of Sections 1202(a) and 1202(b)(2) of the DMCA, tortious interference in a contractual relationship, fraud, false designation of origin, unjust enrichment, unfair competition, breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence were dismissed with leave to amend; (ii) plaintiffs’ claims for civil conspiracy and declaratory relief were dismissed with prejudice; and (iii) plaintiffs’ California Unfair ...