Key points:
- ROSS Intelligence found to have infringed on Westlaw's copyrighted headnotes.
- Federal judge rejects fair use defense, potentially setting a precedent for AI and copyright law.
- The case continues as multiple issues remain unresolved, with significant implications for the AI sector.
According to LawNext.com, in a notable development, Judge Stephanos Bibas of the 3rd U.S. Circuit Court of Appeals granted partial summary judgment to Thomson Reuters. He determined that ROSS improperly used copyrighted Westlaw headnotes in its AI-driven legal research tool. This decision marks a significant setback for ROSS, at a time where the profession grapples with the intricate boundaries of copyright law and AI technology.
The court's rejection of the fair use defense by ROSS is pivotal, focusing on the crucial aspects of copyright law that protect original literary works, even when used for technological advancements. Judge Bibas clarified the distinctions between this case and precedents like Google v. Oracle, emphasizing that Thomson Reuters' headnotes possess the requisite originality and creativity to warrant copyright protection.
The ruling also addresses the remaining issues that are slated for trial, including the validity of certain copyrights and the extent of direct copying by ROSS of the Westlaw Key Number System.
Despite ceasing operations in January 2021, ROSS's legal battles persist as Thomson Reuters seeks damages for the infringements. This ongoing litigation not only highlights the challenges faced by companies in navigating copyright laws but also sets a critical precedent for how copyrighted content is used to train AI technologies.
