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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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