Coders lose their DMCA case against GitHub Copilot and Codex

“We decline plaintiffs’ invitation to transform run-of-the-mill copyright-infringement claims into DMCA claims,” Judge Eric Miller wrote for a unanimous Ninth Circuit panel. The opinion came on Wednesday in Doe v GitHub, number 24-7700. Anonymous programmers who publish open-source code had sued GitHub, Microsoft and OpenAI over Copilot and Codex.