Thomson Reuters AI copyright dispute must go to trial, judge says

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The decision by US Circuit Judge Stephanos Bibas sets the stage for what could be one of the first trials related to the unauthorized use of data to train AI systems

and other copyright owners over the use of their work to train the companies’ generative AI software.

“This case continues to be about Ross’ theft of Thomson Reuters proprietary commentary, analysis, and organizational system,” the spokesperson said. “We sought summary judgment on select issues because we believe the facts of the case are clear cut.”Thomson Reuters’ 2020 lawsuit accused legal research company Ross Intelligence of copying Westlaw’s “headnotes,” which summarize points of law in court opinions.

Both companies asked the court for pretrial wins in the case. Ross argued in part that it made fair use of the Westlaw material, raising what could be a pivotal question for legal disputes over generative AI training. Bibas said on Monday that a jury should decide fair use and other questions, including the extent of Thomson Reuters’ copyright protection in the headnotes. He noted that there were factors in the fair-use analysis that favored each side.

 

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