The ongoing legal battle in Doe v. GitHub has reached a new phase as the Joseph Saveri Law Firm, alongside co-counsel, filed an appeal to the United States Court of Appeals for the Ninth Circuit. The lawsuit, which is one of the first to challenge the use of copyrighted materials in training generative AI models, is examining the scope of liability under § 1202(b) of the Digital Millennium Copyright Act (DMCA). Specifically, the appeal raises questions about whether this section is applicable only to cases involving the removal or alteration of Copyright Management Information (CMI) from exact copies of a work.
The outcome of this case could have significant implications for the development and deployment of AI technologies using protected materials. The appeal comes as large companies like GitHub face increasing scrutiny over their use of open-source code in training AI models. Legal professionals and tech companies alike are closely monitoring the developments to understand how future rulings could affect intellectual property rights and AI innovation. For more detailed coverage, you can read the full article on The Recorder’s website.