Developers Urge Court to Revive $9B DMCA Case Against Microsoft, GitHub, OpenAI Over Copilot AI

February 12, 2026
Developers Urge Court to Revive $9B DMCA Case Against Microsoft, GitHub, OpenAI Over Copilot AI
  • The case centers on whether the removal of copyright management information from open source code violated the DMCA, and whether open source code was appropriated to develop AI tools for Microsoft’s Copilot.

  • Evidence suggests the plaintiffs allege that copyright management information was stripped from open source code used to create AI tooling for Copilot.

  • The article is a four-minute read published February 11, 2026, in the late afternoon time slot.

  • The source is paywalled content from Law.com, with readers urged to sign in or subscribe for full access.

  • The DMCA carries significant penalties per violation, and the initial complaint sought about $9 billion in damages.

  • The piece emphasizes the procedural posture of the appeal and what it could mean for how the DMCA is enforced in AI development.

  • A coalition of software developers has urged the Ninth Circuit to revive a DMCA claim against Microsoft, GitHub, and OpenAI.

  • A group of computer coders filed a copyright lawsuit targeting OpenAI and Microsoft over alleged DMCA violations.

  • Plaintiffs allege that DMCA violations occurred in connection with distributing works from which copyright management information was removed or altered.

  • Background context includes the involved entities—Microsoft, GitHub, and OpenAI—and their use of open source code to build Copilot-related AI tooling.

  • The Law360 blurb at the end promotes subscription benefits and does not alter the substantive case narrative.

Summary based on 2 sources


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Sources


9th Circ. Mulls DMCA Claim Against Microsoft And OpenAI - Law360

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