Wire · regulatory
9th Circuit Limits DMCA Claims Against AI Code Generators
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Fusion42 · 29 September 2026 · Fusion42 review
The 9th Circuit ruled that GitHub Copilot's AI-generated code output is not considered a copy under the DMCA's copyright management information provisions, affirming dismissal of claims that Copilot removes or alters copyright information because it creates new work rather than reproducing existing code.
This Wire brief sits within Fusion42's coverage of AI & ML, and 4 sources have reported it between 19 Sep 2026 and 2 Oct 2026.
◆ ◆ The Wire takeaway
You must clearly document how your AI model generates output to defend against DMCA claims in the US, as courts now distinguish AI-generated new works from copied code. This ruling reduces one legal risk but leaves traditional copyright infringement exposure intact for your code-generating tools.
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4 sources · first reported 19 Sep 2026 · latest 2 Oct 2026
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