REGULATORY WATCH BRIEF Low 35 🔨 Court Ruling decided

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.

ImpactLow 35
Type🔨 Court Ruling
Statusdecided case 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.

Who is affected

technology developer platform OpenAI Microsoft GitHub contributors (anonymous)

Recommended actions

  1. Inventory AI or automated decision systems in scope and their assessments.