Class Action
Doe v. GitHub (Copilot)
Doe 1, et al. v. GitHub, Inc., Microsoft Corporation & OpenAI, Inc., et al.
Where it stands
The Ninth Circuit heard oral argument on February 11, 2026 on the interlocutory question of whether 17 U.S.C. §1202(b) requires an identical copy for CMI-removal liability; no decision had issued as of August 2026 and the district court case remains largely stayed on that theory.
Key ruling
2024 — Judge Jon Tigar dismissed the §1202(b) CMI-removal claim on an 'identicality' requirement but certified the question for interlocutory appeal, and the Ninth Circuit accepted it (No. 24-7700).
What is not confirmed
I found no reported Ninth Circuit opinion as of August 2026, but absence of reporting is not proof the panel has not ruled; verify the appellate docket before publishing.The record
- Court
- N.D. Cal.
- Case number
- 4:22-cv-06823 (JST); 9th Cir. No. 24-7700
- Filed
- 2022-11-03
- Defendants
- GitHub, Inc. · Microsoft Corporation · OpenAI, Inc. and affiliated OpenAI entities
- Plaintiffs
- Putative class of anonymous open-source developers whose licensed code was allegedly reproduced by Copilot without attribution or license terms
- Technology at issue
- GitHub Copilot / OpenAI Codex
- Relief sought
- Class-wide statutory damages under the DMCA plus contract and unfair-competition remedies
- Counsel of record
- Joseph Saveri Law Firm, LLP · Matthew Butterick
Claims pleaded
Sources (3)
- Top Noteworthy Copyright Stories from February 2026Copyright Alliance · 2026-03-05
- GitHub Copilot Intellectual Property LitigationJoseph Saveri Law Firm, LLP · 2024-10-07
- Status of all 57 copyright lawsuits v. AI (Oct. 26, 2025)Chat GPT Is Eating the World · 2025-10-26
This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.