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James A. Byrne United States Courthouse, Philadelphia, seat of the Third Circuit — Photo: ajay_suresh, CC BY 2.0

Accountability|United States

First U.S. appeals ruling on AI training: copying Westlaw headnotes to train a rival legal search tool was not fair use

On 29 September the Third Circuit affirmed that ROSS Intelligence infringed Thomson Reuters’ copyright by using 2,243 Westlaw headnotes to train a non-generative AI legal search engine meant to compete with Westlaw. Three of the four fair-use factors weighed against ROSS, including harm to a developing market for licensing headnotes as AI training data. The court stressed that ROSS’s tool could not generate new text, leaving the generative-AI question open.

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Berlaymont building, European Commission, Brussels — Photo: EmDee, CC BY-SA 4.0

Policy Watch|European Union

EU AI Act: a ban on AI that makes non-consensual sexual deepfakes applies from 2 December; high-risk rules are pushed to December 2027

The ‘Digital Omnibus on AI’, Regulation (EU) 2026/1744, has been in force since 27 July. It adds a new prohibition on AI practices that generate non-consensual sexual or intimate content and child sexual abuse material, applying from 2 December 2026, and sets the same date as the deadline for older generative systems to mark synthetic content. It fixes the delayed start of the high-risk rules at 2 December 2027 (listed uses such as hiring, schooling and biometrics) and 2 August 2028 (AI in regulated products).

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