-
5th Circuit decision in Kipp Flores, 9th Circuit in Doe 1 v. Github reject theory of CMI “removal” based merely on new copies that never contained CMI
Read more: 5th Circuit decision in Kipp Flores, 9th Circuit in Doe 1 v. Github reject theory of CMI “removal” based merely on new copies that never contained CMIIt now looks like both the 5th and 9th Circuits both agree that “removal” of copyright management information (CMI) requires the defendant’s removal of CMI from an existing copy — not a creation of a new copy that never included any CMI. Both courts focused on the text of Section 1202(b) and the words “remove…
-
9th Circuit issues major AI ruling, affirming dismissal of CMI removal claim related to AI outputs. Doe 1 v. Github is 1st circuit precedent.
Read more: 9th Circuit issues major AI ruling, affirming dismissal of CMI removal claim related to AI outputs. Doe 1 v. Github is 1st circuit precedent.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…
-
Roblox reply in support of dismissing Beaulier’s DMCA CMI claim
Read more: Roblox reply in support of dismissing Beaulier’s DMCA CMI claimRoblox filed its reply in support of its motion to dismiss Beaulier’s DMCA CMI claim. Excerpt: DOWNLOAD:
-
NVIDIA, Meta, Microsoft sued again. So was Roblox. This time for alleged CMI violation, 1202(b). Austin Beaulier v. NVIDIA, Meta, Microsoft, and Roblox are lawsuits No. 94, 95, 96, and 97.
Read more: NVIDIA, Meta, Microsoft sued again. So was Roblox. This time for alleged CMI violation, 1202(b). Austin Beaulier v. NVIDIA, Meta, Microsoft, and Roblox are lawsuits No. 94, 95, 96, and 97.3D model artist Austin BeaUlier just filed 4 copyright suits, one against each of NVIDIA, Microsoft, Meta, and Roblox. Beualier alleges that each defendant removed the CMI related to his 3D models, licensed under a Creative Commons license, in the dataset called Objaverse-XL. (See here.) These are copyright lawsuits No. 94 through 97 against AI…
-
OpenAI faces skeptical Second Circuit panel in Raw Story Media appeal of lack of Article III injury ruling
Read more: OpenAI faces skeptical Second Circuit panel in Raw Story Media appeal of lack of Article III injury rulingToday, the Second Circuit heard oral argument in Raw Story Media’s appeal of Judge Colleen McMahon’s ruling that the alleged removal of Raw Story Media’s copyright management information from its works did not show an Article III injury. On the panel were Judge Richard C. Wesley, Judge Dennis Jacobs, and Judge Eunice C. Lee. According…
-
Video of oral argument in Doe 1 v. Github before 9th Circuit
Read more: Video of oral argument in Doe 1 v. Github before 9th CircuitHope to have reflections on today’s oral argument later today. But here is the video.
-
Link for 9th Circuit livestream of oral argument in Doe 1 v. Github, Microsoft, and OpenAI
Read more: Link for 9th Circuit livestream of oral argument in Doe 1 v. Github, Microsoft, and OpenAIThe 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…
-
OpenAI, represented by Lisa Blatt, files appellee brief in Raw Story Media appeal of DMCA CMI claim dismissal
Read more: OpenAI, represented by Lisa Blatt, files appellee brief in Raw Story Media appeal of DMCA CMI claim dismissalOpenAI, represented by Supreme Court litigator, filed its brief of appellee in the appeal filed by Raw Story Media. Judge McMahon dismissed Raw Story Media’s DMCA CMI removal claim for lack of Article III standing. EXCERPTS from OPENAI’s BRIEF DOWNLOAD OPENAI’S BRIEF OF APPELLEE
-
Doe 1 v. Github oral argument in 9th Circuit could be during Feb. 9-13, 2026
Read more: Doe 1 v. Github oral argument in 9th Circuit could be during Feb. 9-13, 2026Based on the attorneys’ answers to the Clerk of the Ninth Circuit, it appears the only week in which both sides’ attorneys in Doe 1 v. Github are available is Feb. 9-13, 2026 in San Francisco. Lisa Blatt, counsel for OpenAI, has a conflict with both weeks in March. But she indicated the counsel of…
-
Oral argument in Doe 1 v. Github likely in Feb. or March 2026
Read more: Oral argument in Doe 1 v. Github likely in Feb. or March 2026The Clerk for the 9th Circuit issued another request for availability to the lawyers in Doe 1 v. Github. The initial request would have scheduled the oral argument for Dec. 2025 or January 2026. It no longer looks like those dates are possible. The Clerk has issued the following order, suggesting oral argument will be…