Doe v. GitHub: the Copilot class action is filed

A class action was filed in November 2022 in the Northern District of California against GitHub, Microsoft, and OpenAI over GitHub Copilot. The core allegation is that Copilot reproduces licensed open-source code without the attribution, copyright notices, or license terms the original licenses require.

It is the only major U.S. litigation specifically about AI coding tools and code output. The case narrowed as claims were dismissed, and in September 2026 the Ninth Circuit rejected the DMCA claims while leaving ordinary infringement undecided. The breach-of-contract claims over the open-source licenses continue in the district court and will shape what obligations attach when AI tools emit code resembling licensed open source.

This page reflects current U.S. copyright law and general international principles. It is provided for educational purposes and does not constitute legal advice.