Advocating for developers to the US Copyright Office

Software developers, like other creators, are key copyright holders, but the unique nature of code presents challenges when applying traditional copyright rules. GitHub is actively involved in policy discussions to represent developers' interests, especially in relation to technical measures like upload filtering that are unsuitable for code. These measures can lead to false positives and unintended consequences, such as the wrongful removal of critical code, which can disrupt entire developer ecosystems due to the interdependent nature of software. GitHub has participated in consultations with the US Copyright Office, which recognized that automated detection doesn't effectively address code infringement and requires human review. Unlike other copyrighted works, much of the code on platforms like GitHub is open source and intended for sharing, making automatic takedown measures particularly problematic. GitHub continues to advocate for policies that acknowledge these distinctions and provides legal support for developers through its DMCA Takedown Policy and Developer Defense Fund.