Appeals court: Microsoft, OpenAI and GitHub not liable for DMCA claims
A US appeals court held that missing copyright management information in AI-generated code does not violate the DMCA, so Microsoft, OpenAI and GitHub are not liable on that claim. The companies also fended off part of another software developers' lawsuit on September 16.
Who is affected and how
- lawyer
- The prospects of AI-training claims brought under DMCA Section 1202 need to be reassessed.
- corporate lawyer
- Developers of AI code generators may be in a more favourable position on the DMCA claim.
Sources
- Microsoft, OpenAI, GitHub not liable for DMCA claims, US appeals court finds | MLex | Specialist news and analysis on legal risk and regulationmlex.com · Sep 16, 2026
- AI Executives Fret About Existential Threat AI Poses—to Publisherstheinformation.com · Sep 18, 2026
- OpenAI, Microsoft knew AI posed ‘existential threat’ to news industry, filings revealamericanbazaaronline.com · Sep 18, 2026
- OpenAI Introduces Astra for Law for Legal Research, Analysis and Draftingthe 420.in · Sep 19, 2026
- OpenAI’s new AI lawyer: Astra for Law could change how legal research gets donebusiness today · Sep 20, 2026
- OpenAI, Microsoft Seal Win in AI Coding Tool Copyright Case (1)bloomberg law news · Sep 16, 2026
- OpenAI, Github Seal Win in Copyright Case Over AI Coding Tool - news.bloomberglaw.comnews.bloomberglaw.com · Sep 16, 2026 · magyar
- Ninth Circuit Clarifies Limits of DMCA Liability for AI-Generated Codegibson dunn · Sep 18, 2026
Machine-generated summary based on the titles and excerpts of the source articles. The source article is the authority for the facts. News monitoring, not legal advice.