Ninth Circuit rejects expanded DMCA theory in GitHub AI case

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Published Wednesday, September 16, 2026 · 7:07 PM EDT

The Ninth Circuit rejected an attempt to use DMCA Section 1202 as a broader source of copyright liability in litigation involving code used to train large language models, according to EFF. The court held that the absence of copyright-management information from a new work does not alone show unlawful removal. Copyright infringement claims and the plaintiffs' contract claims against the AI companies remain in play.

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