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Developers asking to revive US copyright claim against AI companies face skeptical panel

By Amy Miller and Nick Robertson ( February 12, 2026, 00:31 GMT | Insight) -- Software developers urged a US appeals court to find that the Digital Millennium Copyright Act does not have an identicality requirement, so their proposed class action can proceed against Microsoft, GitHub and OpenAI for allegedly stripping copyright management information from their code when developing and operating Copilot and Codex, artificial intelligence software coding tools. Judges at the Ninth Circuit did not indicate if they agreed, but they were skeptical developers had shown they suffered an injury that would allow their claim to move forward.Software developers urged a US appeals court Wednesday to find that the Digital Millennium Copyright Act does not have an identicality requirement, so their proposed class action can move forward against Microsoft, GitHub and OpenAI for allegedly stripping copyright management information, or CMI, from their code when developing and operating artificial intelligence software coding tools Copilot and Codex....

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