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Case against Microsoft, OpenAI, GitHub over AI training on hold as US judge seeks appellate input on DMCA identicality requirement

By Melissa Ritti ( October 1, 2024, 13:34 GMT | Insight) -- The US Court of Appeals for the Ninth Circuit is being asked to weigh in on whether a claim for removal of copyright management information, or CMI, under the Digital Millennium Copyright Act requires that the new work be identical to the work from which CMI was stripped. The so-called “identicality requirement” is missing in the text of the statute and its legislative history — a detail not lost on the putative class of unnamed developers suing Microsoft, OpenAI and GitHub for copying licensed software code during large language model training.The question of whether Section 1202(b) of the Digital Millennium Copyright Act, or DMCA, has an identicality requirement is now before the US Court of Appeals for the Ninth Circuit....

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