Ninth Circuit Takes up Key Issue in OpenAI Coding Copyright Case

The US Court of Appeals for the Ninth Circuit, the country’s largest federal appeals court, agreed to take up a key legal question in a copyright case from open source programmers against OpenAI Inc. and Microsoft Corp.‘s GitHub.

Judges Sidney R. Thomas and Richard C. Tallman on Thursday granted the programmers’ permission to appeal a decision involving whether they can use the 1998 Digital Millennium Copyright Act to stop OpenAI and GitHub from using their code to train the generative AI coding tool called Copilot.

• The programmers first sued the AI companies in the US District Court for the ...