The Ninth Circuit just affirmed the dismissal of Doe 1’s DMCA CMI removal claim based on the allegation that outputs of AI model had removed the copyright management information. The Ninth Circuit agreed with the district court that a new output does not involve a removal from a copy. The court of appeals, however, found the so-called “identicality” requirement a misnomer and did not endorse it as the basis for its analysis.
The Ninth Circuit’s opinion is limited. The court found the “input” theory of CMI removal during training was waived.
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