After the parties agreed no redactions were necessary, Judge Tigar’s order dismissing the second amended complaint’s(SAC’s) DMCA claims for copyright management information under 1202(b)(1) and (b)(3) is now available. No surprise, Judge Tigar dismissed the claims again (after having dismissed them once before). Applying Ninth Circuit law, Judge Tigar ruled that the DMCA claims for CMI apply to identical copies of the copyrighted works (not substantially similar ones), and the SAC doesn’t plausibly allege GitHub produced identical copies of the works.
The breach of contract claims in the SAC survive.
