September 24th, 2026

Ninth Circuit opinion has narrowed a “potentially valuable avenue” of AI liability, US practitioners say

Jeremy S. Goldman is quoted in World Trademark Review on the Ninth Circuit’s recent Doe v. GitHub decision. The court held that AI-generated outputs that do not include copyright management information are not, by themselves, a violation of the Digital Millennium Copyright Act because the outputs are considered new works rather than copies with removed attribution. Jeremy comments that the opinion is a "significant appellate decision narrowing one potentially valuable avenue of AI liability" but notes that key questions regarding AI training data and copyright management information remain unresolved.

To learn more about the court's decision and the evolving landscape of AI liability, read the full article from World Trademark Review. (Behind paywall)