Ninth Circuit rejects expansive DMCA copyright claim over AI‑generated code
The ruling curtails attempts to broaden DMCA liability for AI‑generated code, preserving lawful AI development and remix culture.
ADTP Regulatory Watch· September 16, 2026
ImpactLow 35
Type🔨 Court Ruling
Statusdecidedcase outcome
JurisdictionUS
What happened
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 for trust and compliance
Its status is decided. The case has an outcome that others may cite.
The ruling curtails attempts to broaden DMCA liability for AI‑generated code, preserving lawful AI development and remix culture.