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Low impactCourt rulingDecided

Ninth Circuit rejects expansive DMCA copyright claim over AI‑generated code

The U.S. Court of Appeals for the Ninth Circuit held that the removal of copyright management information (CMI) from a newly created work does not itself violate DMCA Section 1202. The case involved OpenAI and Microsoft using GitHub code in LLM training, but the court ruled the plaintiffs' theory would create a new, unwarranted source of liability. The decision limits the scope of DMCA liability for AI‑generated works.

Why it matters: The ruling curtails attempts to broaden DMCA liability for AI‑generated code, preserving lawful AI development and remix culture.

Summary generated from the sources below. Check the primary source before relying on it; this is not legal advice.

Sources
Victory! Appeals Court Rejects Expansive New Copyright Claim
EFF updates · primary source · Sep 16, 2026
Details
JurisdictionUnited States (federal)
CourtU.S. Court of Appeals for the Ninth Circuit
LawDigital Millennium Copyright Act
StatusDecided
PublishedSeptember 16, 2026
Effectivenot stated
OrganisationsOpenAI, Microsoft, GitHub contributors (anonymous)
Topicsai governance