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.
Timeline
newest first- 19 Sept 2026 Latest
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.