Active Last verified: Apr 25, 2026

Doe, et al. v. Github, Inc., et al.

Anonymous plaintiffs Doe 1-5, individually and on behalf of a class, sued GitHub, OpenAI entities, and Microsoft, alleging defendants removed or altered copyright management information (CMI) from plaintiffs' open-source code uploaded to GitHub repositories when training AI models like Copilot.[1][2][3][4] The case under Section 1202 of the DMCA proceeded past initial motions in the Northern District of California (Case No. 4:22-cv-06823-JST), but the district court dismissed the DMCA claims, prompting an interlocutory appeal to the Ninth Circuit (No. 24-7700) filed December 23, 2024, where plaintiffs' opening brief argues against an "identical copy" requirement for liability.[1][2][3][6] Plaintiffs seek $9 billion in statutory damages in this class action testing DMCA application to AI tr

🏛️ 9th Cir.· Case No. 24-6136· Filed Oct 8, 2024

Summary

Anonymous plaintiffs Doe 1-5, individually and on behalf of a class, sued GitHub, OpenAI entities, and Microsoft, alleging defendants removed or altered copyright management information (CMI) from plaintiffs' open-source code uploaded to GitHub repositories when training AI models like Copilot.[1][2][3][4] The case under Section 1202 of the DMCA proceeded past initial motions in the Northern District of California (Case No. 4:22-cv-06823-JST), but the district court dismissed the DMCA claims, prompting an interlocutory appeal to the Ninth Circuit (No. 24-7700) filed December 23, 2024, where plaintiffs' opening brief argues against an "identical copy" requirement for liability.[1][2][3][6] Plaintiffs seek $9 billion in statutory damages in this class action testing DMCA application to AI tr

Case details

Court
9th Cir.
Docket number
24-6136
Filed
Oct 8, 2024
Status
Active

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