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Tracker active US IP and Copyright

Doe v. GitHub: DMCA and contract claims over Copilot's use of open-source code

The US Court of Appeals for the Ninth Circuit on September 16 affirmed the dismissal of programmers' Digital Millennium Copyright Act claim against GitHub, Microsoft and OpenAI over Copilot, holding that, as the plaintiffs pleaded it, Copilot creates new works instead of removing copyright management information from copies. Two breach of contract claims remain pending.

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19 Sept 2026 first covered
19 Sept 2026 last update

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  1. Ninth Circuit Affirms Dismissal of Programmers' DMCA Claim Against GitHub Copilot

    The US Court of Appeals for the Ninth Circuit on September 16 affirmed the dismissal of programmers' Digital Millennium Copyright Act claim against GitHub, Microsoft and OpenAI over Copilot, holding that, as the plaintiffs pleaded it, Copilot creates new works instead of removing copyright management information from copies. Two breach of contract claims remain pending.

    Read the full update → Source: Ninth Circuit opinion, Doe v. GitHub, Inc., No. 24-7700, September 16, 2026
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