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Expert Analysis

How A 9th Circ. Identicality Ruling Could Affect AI Cos.

By Maria Sinatra ( December 16, 2024, 6:08 PM EST) -- On Sept. 27, in J. Doe 1 v. GitHub Inc., the U.S. District Court for the Northern District of California certified an order dismissing the plaintiffs' claims under Section 1202(b) of the Digital Millennium Copyright Act with prejudice for failure to satisfy an identicality requirement, which deems that the work from which copyright management information is alleged to have been removed must be identical to the original work....

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