Doe 1 et al. v. GitHub, Inc. et al., 4:22-cv-06823-JST (N.D. Cal.); Ninth Circuit No. 24-7700

Summary

Anonymous programmers filed this proposed class action on November 3, 2022, against GitHub, Microsoft and OpenAI entities, alleging that GitHub Copilot and OpenAI Codex, trained on public GitHub code, reproduce licensed code without the attribution and license terms the licenses require. After two rounds of motions to dismiss, the case was narrowed to one DMCA section 1202(b) claim and two contract claims. Judge Jon S. Tigar dismissed the DMCA claim with prejudice and certified the question for interlocutory appeal. On September 16, 2026, the Ninth Circuit affirmed the dismissal, holding that the allegations describe tools that create new works rather than removing copyright management information from existing copies. The open-source license (contract) claims remain pending in the district court and are allegations.

Key dates

1. November 3, 2022Filed
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. Case 3:22-cv-06823-KAW Document 1 Filed 11/03/22 Page 1 of 56

   Supports: docket number and filing date

   Complaint, Doe 1 v. GitHub, Inc., 3:22-cv-06823, ECF 1 U.S. District Court, N.D. Cal. (via CourtListener RECAP) Primary source

2. the panel affirmed the district court's dismissal of part of an action brought under the Digital Millennium Copyright Act ("DMCA") by programmers against GitHub, Inc., and other defendants.

   Supports: Ninth Circuit affirmance

   Filed September 16, 2026

   Supports: opinion date

   The court denied a motion to dismiss the contract claims, which remain pending.

   Supports: contract claims pending

   Opinion, J. Doe 1 v. GitHub, Inc., No. 24-7700 (9th Cir. 16 Sept. 2026) U.S. Court of Appeals for the Ninth Circuit (copy hosted by Courthouse News) Primary source

3. Two rounds of dismissal and amendment narrowed the case to one DMCA claim and two contract claims.

   Supports: narrowing of claims

   Ninth Circuit Rejects DMCA Section 1202(b) Theory Against Copilot Output in Doe v. GitHub Haynes Boone Reporting or analysis