Judge Stephanos Bibas ruled that ROSS Intelligence's usage of Westlaw's content to develop its AI system infringed copyright law. Initially, he had denied Thomson Reuters' motions for summary judgment on infringement claims, allowing them to proceed to trial. However, on reevaluating the case, Judge Bibas granted Thomson Reuters summary judgment for 2,243 specific headnotes, with a finding of no fair use. The upcoming trial will address whether some copyrights for those headnotes have expired, while another group of headnotes will be assessed for originality by a jury.
In a surprising decision today, Judge Stephanos Bibas ruled that ROSS Intelligence's use of Westlaw content to train its legal AI system constituted copyright infringement.
Most of these have favored the makers and users of AI over the owners of the IP (typically copyright holders).
While preparing for the scheduled August 2024 trial, the judge reconsidered his earlier ruling, culminating in a new opinion granting Thomson Reuters summary judgment.
The only remaining factual issue for trial regarding these headnotes is whether some of their copyrights have expired.
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