Key holding or allegation
The matter produced substantive CMI rulings and an interlocutory Ninth Circuit appeal; final appellate resolution had not been identified by the cutoff.
Why it matters
Leading U.S. generative-code copyright/CMI matter.
Facts
Open-source developers challenged Copilot's use and output of code, including alleged removal or alteration of copyright-management information.
Issues before the court
Among other questions, whether DMCA section 1202 requires generated output to be identical to the work from which CMI was allegedly removed.
What the court did not decide
No final appellate holding yet and no categorical determination of Copilot training legality.
Procedural timeline
U.S. Court of Appeals for the Ninth Circuit
Interlocutory appeal opened: Interlocutory appeal concerns GitHub Copilot copyright-management-information issues, including the relationship between generated output and source work.