STM files amicus brief in DMCA Case
STM has filed an amicus brief in Doe v. GitHub before the U.S. Court of Appeals for the Ninth Circuit, supporting rightsholders alongside the Authors Guild, the Association of American Publishers, and the News/Media Alliance.
The brief argues that the district court misapplied Section 1202 of the DMCA by requiring that infringed works be “identical” to original copyrighted content—an interpretation that conflicts with the plain language and purpose of the statute, as well as with international copyright treaties to which the United States is a signatory.
STM contends that GitHub’s unauthorized removal and alteration of copyright management information (CMI) undermines statutory protections, especially in the case of textual works vulnerable to altered or partial piracy.
The brief warns that the court’s reasoning risks rendering Section 1202 ineffective by allowing infringers to evade liability through minor changes to protected content.