The 9th Circuit oral argument in Doe 1 v. Github is tomorrow Feb. 11 at 9 AM PDT in Courtroom 1 in San Francisco.
You can watch the livestream (and archived video) here: https://www.ca9.uscourts.gov/media/live-oral-arguments/. [Select San Francisco Courtroom 1.]
You can read the briefs here: https://chatgptiseatingtheworld.com/doe-1-v-github/.
Issue concerns the proof required for DMCA CMI claims in the context of copies used to train AI model, and whether it requires proof of an identical copy of the work from which the copyright management information (CMI) was removed (instead of just a substantially similar copy).
The panel consists of:
- Judge Sydney R. Thomas
- Judge Eric Miller
- Judge Stanley Blumenfeld, Jr., sitting by designation
Based on their submissions, I expect the following advocates:
- Jesse Panuccio for Appellant J. Doe
- Lisa S. Blatt for Appellee OpenAI
- Christopher J. Cariello for Appellee Github, Inc., Appellee Microsoft