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Publishers, App Association ask Ninth Circuit to reject DMCA identicality requirement

By Nick Robertson ( April 17, 2025, 20:32 GMT | Insight) -- In amicus briefs filed in an interlocutory appeal of a purported class action against Microsoft, OpenAI and Github, ACT The App Association and a group of writers and publishers associations urged the US Court of Appeals for the Ninth Circuit yesterday to reject a so-called “identicality requirement” for the Digital Millennium Copyright Act. The appellate panel is set to rule on whether code reproduced from training data by an artificial intelligence system needs to be identical to the original work in order to qualify for a claim under the DMCA that the systems failed to include proper copyright management information (CMI).Groups representing app developers, writers and publishers urged the US Court of Appeals for the Ninth Circuit in amicus briefs filed yesterday to reject a so-called “identicality requirement” for Digital Millennium Copyright Act removal of copyright management information (CMI) claims....

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