The oral argument for the interlocutory appeal in Doe 1 v. Github before the 9th Circuit in San Francisco is now set: Feb. 11, 2026, 9 AM in San Francisco.
You can find the briefs here.
9th Circuit sets oral argument in appeal in Doe 1 v. Github for Feb. 11, 2026
One response to “9th Circuit sets oral argument in appeal in Doe 1 v. Github for Feb. 11, 2026”
10/10 screenshot, no notes
As for the actual case, I suspect the court will side with the Doe (and some courts) interpretation; an ‘identicality’ requirement as argued by GitHub (and some other courts, even if not in ruling) would undermine much of the teeth of 17 USC § 1202(b)1/3.
The flip side is that ruling that no such identicality requirement be necessary for violation would seemingly lend itself readily to abuse as well.
The fact that neither scenario had been realistically seen in the wild – bar the scant few cases that contribute to this apparent conundrum – until the throwing-legal-spaghetti-at-court-walls to fight AI is emblematic of the many legal issues this technology raises.