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The court affirms dismissal of part of the DMCA action: the pleaded outputs lacking attribution did not establish removal or alteration of information from existing copies. The input theory was forfeited.
What changed
The court affirms dismissal of part of the DMCA action: the pleaded outputs lacking attribution did not establish removal or alteration of information from existing copies. The input theory was forfeited.
An interlocutory appeal, not a blanket fair-use ruling on AI training; the opinion does not impose literal identicality as a separate requirement.
Editorial research question
Editorial interpretation: examines relationships between creative labour, permission and institutional responses in this record.
This is an editorial interpretation or question, separate from factual statements.
Evidence & sources
The court affirms dismissal of part of the DMCA action: the pleaded outputs lacking attribution did not establish removal or alteration of information from existing copies. The input theory was forfeited.
SRC-0419Opinion pp.1–4 and 14–18.
U.S. Court of Appeals for the Ninth Circuit · EN · 2026-09-16
Case
Related documents
DOC-0410Doe v. GitHub, Inc., No. 24-7700 — OpinionCite this record
ANTI-AI ARCHIVE. “Ninth Circuit affirms dismissal of part of Copilot DMCA action.” evt-0349. Include this page’s URL and your access date when citing.