DOE v. Github: Code Stored on GitHub Ultimately Belong to Their Authors

VI. CLASS ALLEGATIONS

C. Typicality

36. Plaintiffs’ claims are typical of the claims of their fellow Class members because Plaintiffs and Class members all own code published under a License. Plaintiffs and the Class published work subject to a License to GitHub later used by Copilot. Plaintiffs and absent Class members were damaged by this and other wrongful conduct of Defendants as alleged herein. Damages and the other relief sought herein is common to all members of the Class.

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