Microsoft, GitHub, and OpenAI Challenge Developers’ DMCA Appeal in Ninth Circuit Court

In a recent legal maneuver, Microsoft, GitHub, and OpenAI have collectively urged the Ninth Circuit Court of Appeals to deny an interlocutory appeal from anonymous software developers. The developers seek clarification on whether the Digital Millennium Copyright Act (DMCA) mandates that an infringing copy must be identical to the original work to constitute a violation. The tech companies argue that the purported injury claimed by the developers remains theoretical and does not warrant a separate judicial probe at this stage. To explore further details regarding this case, you can read the coverage provided by Law360.