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But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here. Plaintiffs argued that with the popularity of Copilot, it is a near certainty that their code will be used with copyrightnotices removed or in violation of their open-source licenses.
DMCA Section 1202(b) Claims: Section 1202(b) of the DMCA prohibits anyone from (1) intentionally removing or altering any copyright management information (“CMI”), (2) distributing CMI knowing the CMI has been removed or altered or (3) distributing copies of works knowing that CMI has been removed or altered while “knowing, or.
Once a work was published, state law was divested, and one of two things happened. If the work was published with proper copyrightnotice, it received a federal statutory copyright. If the work was published without proper copyrightnotice, the work entered the public domain.
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